EXAM ANSWER PLANS - Equity and Trusts Subject notes for Deakin MLL405. ���nm81�0��~�ρ��Lͨe�����__��)b�,F���C�� ^�� ���� ϶uχ��Ȁ����
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��p����H#�>��jy�XY��ujUL��K*�ۻه�e9 4�1\1��4�k ��q��"��p�w����\,�O,� q"�n��⤿DM��b�������γ�NNLݥ��n�2ì��:��3>�xyA��p�LB�$$̱tc�=6�zP�њ�����̟�_0�� $K&�����D0���hu �P�. Description. Using this simple framework for structuring your answer will ensure that you have written a complete answer. They are essential for all law students who are chasing high distinctions in law. Registered office: Venture House, Cross Street, Arnold, Nottingham, Nottinghamshire, NG5 7PJ. Previously Released Bar Exam Essay Questions Welcome to the past California Bar Exam past essays directory. The answer plans are color coordinated, as below:
Focusing on forseeability, what can John claim damages for in this case? Blue = Exam/assessment sentence starter
The answers for the questions can be found at the very bottom of this page. Civil Procedure 2. It is clear there is no way John could have mitigated this loss, and there is no contributory negligence on John’s part. Entitlement to such relief means that the plaintiff must show that remedies at law are inadequate and that 0000000516 00000 n
First, you should consider the cost of building the wall. John wants to claim for the cost of building the wall, and the cost of his loss of privacy due to the lack of the wall. The loss relating the loss of the subsequent contract would not be a natural result of the breach, and therefore it would need to be shown that that type of loss was in the reasonable contemplation of the parties at the time of contracting. Topic 3 – Fiduciary Obligations & Fiduciary Duties
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Contract Law - an overview and how to answer exam questions 1. Issue spotting is an art and it takes practice. Be sure to analyze legal remedies prior to analyzing equitable remedies. There will be a breach of contract and you will be asked to consider the potential calculation of damages. Summer 2019 • Community Property • Contracts • Criminal Law • Criminal Procedure • Introduction to Law • Law Study and Exams. 40 0 obj<>
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Join the Facebook Group titled: California Bar Exam Essay Discussions. It could be argued that the purpose of the building of the wall was to provide peace for John, meaning he may be able to claim damages for the loss of privacy. - Trustee Rights/Powers
They are essential for all law students who are chasing high distinctions in law. To export a reference to this article please select a referencing style below: Copyright © 2003 - 2020 - LawTeacher is a trading name of All Answers Ltd, a company registered in England and Wales. It shows an effective structure which will assist for the exam. An exam script, also called a skeleton answer, is a pre-prepared answer to a question expected to be on an exam. The below example should allow you to get a general idea of how questions involving damages for a breach of contract may appear. It appears your browser doesn't support displaying notes previews inline. The relevant test for a consumer surplus comes from Watts v Morrow – if the contractual objective is to provide relaxation, pleasure or peace of mind damages may be awarded.
John has contracted with Robert for the purchase of some yarn. Note that bar exam fact patterns often will specifically ask about the remedy, remedies, or relief that could be granted. - Constructive trust
John sells the land on the condition that Joe builds a wall between the two pieces of land to separate the property. Past Exam Questions for the California Bar Exam and the First-Year Law Students' Exam When addressing an issue involving the calculation of damages for a contract, this would be an appropriate approach: This step-by-step approach will ensure you consider all the relevant elements of a claim for damages. An exam script, also called a skeleton answer, is a pre-prepared answer to a question expected to be on an exam. Topic 10 – Charitable trusts – pg 63
Is there anything in the contract which agrees to a particular amount of damages? Topics included within these answer plans are:
A question involving damages can be identified relatively easily. ����cB����՞l�2��r0JK9��a���m
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The answers for the questions can be found at the very bottom of this page. In John’s situation, the loss relating to the actual contract (the value of the yarn), would fall under the first type of loss, as it is a natural result of the breach, and would therefore definitely be foreseeable for the purposes of damages. Forseeability and remoteness are not at issue here – the building of the wall was part of the contract and therefore the loss flows naturally from the breach as per the first limb of the Hadley v Baxendale test.
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