Business Law Revision Classes.

(Exam Tips and Secrets: handed down through the generations of past students. )

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The key to success……..

Cool

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Overview• Exam Format

• FAQ’s

• Exam Tips/Strategies

• Note Preparation

• Topic Revision

• Past Exam Papers Next Week3AKColeman 2010

Examination “Hurdle”.

• The exam is worth 70% of your final mark.

• Remember there is an Examination hurdle in this Unit that requires you to achieve at least 45/100 in the exam – please see your Unit Book.

• SO EVEN IF YOUR FINAL COMBINED TOTAL IS OVER 50% YOU WILL STILL FAIL IF YOU DID NOT achieve at least 45/100 in the exam.

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Examination Details.• Duration:-

– 180 minutes writing time– 30 minutes reading and noting time

• Topics:- See info on Unit Website: anything not listed CAN BE examined.

• Questions: – Five (5) IN TOTAL– Both problem and theoretical “essay” style questions.– Part A: 1 short answer question (20 marks). – PART B: Two problem style questions based on the same set of facts (12+13=25

marks).– Part C: Two separate problem style questions, different facts (15 +10 =25 marks)

=> Please read each question carefully and follow the instructions

– DIVIDE YOUR TIME CAREFULLY, AND ACCORDING TO THE MARKS ALLOCATED. The exam is out of 70 marks in total

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F.A.Q’s• Can I take photocopies in to the exam?

– Yes.

• Can I make notes during reading time?– Yes on the exam paper itself.

• Do I need to refer to cases?– YES YOU DAMN @#*& ….!

• Do I need an Introduction?– Not necessary but a good idea.

• Do I need to write the full case citation?– i.e. Lord Atkin in Donoghue v Stevenson [1932] AC 562 at 580.– No, this will do = (Fisher v Bell; Boots’ Case)

• How long should each answer be?– Depends on the question and how many issues there are.

• How many issues are there?– Lots, and lots, and LOTS!

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Exam Strategy….Bugger…..

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Pray…..

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Exam Strategy..

• Answer all FIVE questions:-– Follow instructions !!!! – Separate page. – Clearly identify the number of the question….

• Easiest first:– [DAMNIT they are all so hard!!]– Remember you cannot “perfect” an answer & you cannot earn 25 / 20

marks…• => watch your TIME MANAGEMENT!!

– Work out answer “times” • Eg. 180 minutes divided by 100 marks = 1.8 min per mark.• 10 marks =18 minutes.

– BUT!– Make sure for checking at the end of the exam.– So maybe 1.5 min per mark.– => 10 marks = 15 minutes.

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Steps to Problem Solving• Understand what is required of you

– (ie what are you being asked to do?); • Understand the context (the facts);• Determine the issues to be resolved (the rules of law to be

applied);• Consider possible interpretations of the law;• Apply the rules of law to the facts. Consider all possibilities

where the facts are uncertain;• Draw a conclusion on each issue, and overall.

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Answering Questions

• Remember answer format.– Issue– Rule

• Case or legislation.

– Application– Conclusion.

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Issue …

• The legal question that the court needs to resolve.– Eg. “Has an offer been made?”– Or:- “Is the advertisement an invitation to treat or

is it an offer?”– Or:- “IF Arnold wishes to “cancel” the contract he

must prove that the statement ‘450% effective’ is a term of the contract, in particular a condition, or an intermediate term, which has been breached…etc etc.”

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Rule.

• ‘A display of goods on a shelf, store window or advertising material is traditionally considered an invitation to treat.’– (Fisher v Bell; Boots’ Case)

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About Quotes…

• Tempting, BUT HOW LONG DOES THIS TAKE TO WRITE DOWN? – ‘..display of goods in the shop window or shelf,

complete with the price markings is usually interpreted as an invitation to treat.. [but whether it is an offer] depends on the intention of the trader to be gathered from all the circumstances.’

» Reardon v Morley Ford Pty Ltd. (1980) 49 FLR 401, per Smithers J. p. 407

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Apply the rules...

As mentioned above the term regarding cancellation can be breached in a variety of ways so it would be more appropriate to consider it as an intermediate term (Hong Kong Fir Shipping Case). Given the effect of the specific breach, during a violent movie of a murder in a sports car, the breach is a serious one that could not be adequately compensated by damages alone.

Although 2 years may be a substantial period of time, the damage already done will last a considerable period of time, perhaps so much so that no ad’s for A’s goods can be run for some months.

Finally, perhaps B may breach again! After all he is very tricky!

Thus it is argued here that A has a right to termination and damages.

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Apply the rules...

As mentioned above the term regarding cancellation can be breached in a variety of ways so it would be more appropriate to consider it as an intermediate term (Hong Kong Fir Shipping Case) rather than as a condition (Associated Newspapers v Bancks). It is unlikely that the specific breach, a violent movie of a murder in a sports car, will be sufficiently serious enough to justify termination since the contract has 2 years to run, which is similar to the time charter in Hong Kong Fir Shipping Case .

Also in Wickman’s Case and Shevill’s Case , the Court held that despite the parties classifying the term as a condition, if the breach is minor and damages would be adequate, then termination will not be allowed.

Thus over time the damage will not deprive the plaintiff of the true value of the contract that would be earned over two years.

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Conclusion..

• Accordingly Jack would succeed in an action in negligence against Hepburn Springs. He could claim damages that included pain and suffering, as well as the costs of replacing his pet cat…..

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Finally..• Answer style

– no footnotes;– no bibliography;– You laugh but every semester people do it…

• No quips/jokes/etc..

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Note Preparation

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Potential Material• Lecture Notes• Textbook• Other books• Unit book• Photocopies• Assignment• Summaries/Notes• Teddy bear and dummy…

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Alternatives….• A list of cases..

– Or• A planned answer..

– Or • Concept mapping..

– Or• Summarise each topic..

– Or• Flowcharts

– Or• A plan of approach to answer a question on that topic.

– What works for you? • be careful when sharing;• no prepared answers;

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What cases are relevant do you think….?

• Carlill v Carbolic Smokeball Co. [1893] 1 QB 256;• Grainger v Gough [1896] AC 325, • Pharmaceutical Society of Great Britain v Boots Cash Chemists

(Southern ) Ltd.

– That’s not many, can YOU remember them all?

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A Planned Answer?

• ‘ X made an oral statement that was so important to Y, that it was clear from the facts and Y’s actions that he/she intended to contract on that basis. (Bannermann v White) Therefore the Parol Evidence Rule as stated in Oscar Chess v Williams does not apply.’– Pretty good?

• You really think we will repeat the same question?

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Go ahead make my day……

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Summaries: Terms

• What is the type of terms?Condition=

– Breach goes to heart of contract;» Poussard v Spiers. (lecture notes)

• Warranty= – Not so important

» Bettini v Gye at p.158 Turner; p. 251 S & O’R.

• Intermediate= serious vs minor– Hong Kong Fir Shipping Co p. 252 S & O’R.

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Duty of care - the testDefendant must take reasonable care to avoid acts or

omissions which it can reasonably foresee would be likely to injure its neighbour

• Who, in law, is my neighbour?• Persons who are so closely or directly affected by my act

that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to the acts or omissions which are called in question.– Users of manufactured products

• Donoghue v Stevenson

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Organise under Headings? • Example: Contract.

– Is there a contract ?– What are the terms?– Has there been a breach ?– What remedies are available?

• Example: Is there a contract ?– Has an offer been made?– Was the offer accepted?– Was there valid consideration?– Was there an intention to be bound?

Remember questions prompt answers!

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Topic Example: Contract Law

• Is there a contract?– elements;

• Offer;• Acceptance;• Consideration;• Intention to be bound.

– what evidence supports each element;

• What are the terms? – type of terms;

• Condition/Warranty/Intermediate= serious vs minor• Remedies?

• damages; or• injunction/specific performance.

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Negligence

Duty of Care Standard ofcare

Causation

Defences

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Topic Example: Contract.

C o n tra ct

'K ' e x is ts.

Y E S

N o 'K '

In v ita tion to tre a t.

N o 'K '

M e re 'p u ff'

N o 'K 'B U T M IS R E P .?

M e re R e p .

P ro m isso ry In ten tio n .

O F F E R ? A C C E P T A N C E ? C O N S ID E R A T IO N ?

H a s a 'K ' b ee n fo rm e d?

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AGENCY CREATION: May be in writing or oralAgent (on behalf of principal)▪ Makes contracts ▪ Receives monies ▪ Pays

monies ▪Makes/ receives representationsi.e. principal is bound by agent’s actions and

can be sued by 3rd partiesAgent’s authority, there are 2 types▪‘actual’ (real) – express or implied▪ ‘ostensible’ (apparent) – it looks as if Agent

has authority).1. By express agreement ▪ not necessarily a written contract ▪ may be by request/agreement2. By implied agreement through behaviour/conduct i.e. they behave

as if there is a principal/ agent agreement3. By estoppel when a 3rd party believes an ex-agent is still

an agent 4. By necessity ▪ matter of urgency, can’t contact principal

e.g. can sell goods that would otherwise be destroyed

5. By cohabitation (living together) F presumed to buy household needs ▪ covers rates, rent, groceries ▪ not luxuries (e.g. diamond rings)

(Name of case, p.?)

(Name of case, p.?)

(Name of case, p.?)

(Name of case, p.?)

Key cases – add page numbers from textbook.

Linear notes33AKColeman 2010

By express agreement▪not necessarily a written contract▪ may be by request/agreement

Agency Creation May be in writing or oralAgent (on behalf of princpl)▪ makes contracts▪ receives monies▪ pays monies ▪ makes/receives representatns

i.e. principal is bound by agent’s actions and can be sued by 3rd parties

By Implied Agreement▪ through behaviour/conducti.e. they behave as if there is a principal/agent agreement(Name of case, p.?)

By necessity▪ matter of urgency, can’t contact principal e.g. can sell goods that would otherwise be destroyed. (Name of case, p.?)

By cohabitation (living together)▪ F presumed to buy household needs▪ covers rates, rent, groceries▪ not luxuries e.g. diamond ring

By estoppel▪ when a 3rd party believes an ex-agent is still an agent bec. principal hasn’t said agent no longer works for him/her(Name of case, p.?)

Agent’s authority, there are 2 types

▪‘actual’ (real) -express or implied▪‘ostensible’ (apparent)-it looks as if agent has authority(Name of case, p.?)

Concept mapping notes 34AKColeman 2010

Principal is bound

Is the agent acting within actual

authority?

Is the agent known to be an agent?

Is the agent acting within ostensible

authority?

Has the principal ratified the agent’s

conduct?

Undisclosed principal Is the agent acting

within actual authority?

Is the contract inconsistent with

possibility of undisclosed principal?

Principal is NOT bound

Is the identity of the principal critical?

IS THE PRINCIPAL BOUND?

Yes

No

No

No

No

No

No

No

Yes

Yes

Yes

Yes

Yes

From Sweeney, B. & Sernia, A. Commercial Law. p.260

Yes

Flow chart notes 35AKColeman 2010

Summarising casesCase: Byrne & Co v Leon van Tienhoven

Facts: Van Tienhoven offered by letter to sell goods to Byrne. Byrne cabled acceptance. However, before this, Van Tienhoven had posted letter revoking offer. This revocation letter was received by Byrne after acceptance was cabled.

Held: Van Tienhoven was bound by the agreement. NB. Postal Rule. Acceptance occurs when letter is posted. Revocation isn’t effective until it has been received. So acceptance occurred first.

G & F, p.274

Adapted from: Crosling, G.M. & Murphy, H.M (2000). How to Study Business Law, (3rd ed.). Australia: Butterworths pp. 63-4.

Case summaries36AKColeman 2010

Summarising cases: tableIssue/Topic Case Facts Held

ContractPostal ruleRevocation

Byrne & Co v Leon van Tienhoven p.274

Van Tienhoven offered by letter to sell goods to Byrne. Byrne cabled acceptance…..etc.

Van Tienhoven was bound by the agreement. NB. Postal Rule. Acceptance occurs…etc.

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Notes

• So what is the textbook then?

• What are the lecture notes then?

• Do you really want to waste time???

• So what do you do?

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In the beginning….• What was the stated “Aim” of the Subject?

• Remember each topic has a list of learning objectives:

• What were the main areas of concern or “grey areas” of each topic?

• What have Andrew, Samantha, or Tabatha God Bless their souls, (well only Andrew’s soul!) given us in the lecture notes?

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Remember….

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“More is not Better”

If this is you on exam day: you’re an @#$(#!

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PUT THEM TO THE TEST!!!

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