Contracts Exam Writing Techniques

MODEL ANSWERS

CONTRACTS

ISSUE SPOTTING STRATEGY

Contracts is a relational subject and requires mastery of the prima facie case of contract law. The prima facie case of contract law consists of three questions and eight case elements. They are:

Does the UCC Apply?

Does the Statute of Frauds Apply?

Does the Parol Evidence Rule Apply?

Case Elements:

Offer

Acceptance

Consideration

Defenses to formation

Third Party Rights and Duties

Performance

Breach

Remedies

Your approach to issue spotting should center on finding the answers to the above questions.

While reading the fact pattern again and again for a contract question, you will find that the best way to issue spot is to work on one issue at a time and get the answer. The best advice to follow is to ask questions such as: 'Is there anything in these facts that requires a discussion of Offer (etc.) to answer the interrogatory?' This method requires that you memorize the prima facie case elements. At the same time, you must also know in detail all the components of each individual case element. Complete prima facie case elements are in the M.A.D.TM Contracts book.

WRITING A CONTRACTS ANSWER

The actual structure of a contract answer will always follow the prima facie case elements. There is very little reason to deviate from the prima facie case.

The examples contained in this section have model answers written for various topics taken from the practice exams. The contracts chapter contains ten examples. The topics include Offer, Acceptance, Consideration, UCC, Statute of Frauds, Defenses to Contract Formation, Third Parties, Performance, Breach, and Remedies. Appropriate outlines are listed in the left column of each model answer and a notes section is provided for continuity with other issues presented by the fact pattern of the exam question.

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