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Available from: [Accessed 23-12-20]. There are also links to online multiple choice questions as well as resources to help with law … So, in this case, S & E wanted to claim damages for their loss of commission in Australia, but before they can claim the damages, they have to first mitigate their losses by trying to search for Martina’s replacement for the job in Australia, if they had searched for the replacement and could not find one, then they could claim for all the losses. The statute of limitations does not offer a defense to Chris. Therefore, damages are calculated on the basis of looking at what the position should have been if the contract had been properly performed. Specific performance is an order directing the party who breached the contract to perform the contract in the way specified by the court. Background: What is duty of mitigation? If you have questions or comments, feel free to contact me at sburnham@lawschool.gonzaga.edu. Essay Questions 1. This website works best with modern browsers such as the latest versions of Chrome, Firefox, Safari, and Edge. Yes! EssaySauce.com is a completely free resource for students. The Essay The first step with a law essay question is to identify what exactly you are being asked to do. Built to emulate law school and MEE exams. To answer law essay questions properly, it must follow four rules. Martina entered into a contract with Stars & Extras (S & E) providing that she would, in a period of five years, obtain all of her singing work through S & E and would not sing for any other agency other than S & E until the contract expired. Based on the decision made by the court in the case of Poussard v Spiers (1876) 1 QBD 410, it can be concluded that Martina had breached the condition of the contract because of two reasons which were rather than obtaining her work through S & E, she dealt directly with the Russian company and she accepted to sing for another agency which was the Russian Company. The Law Library carries a number of resources that test your knowledge of contract law. It provides questions and model answers from actual law school exams. A condition is an important term to the contract which goes to the root of the contract. Contract Law Law Essays. Each subject begins with detailed advice on how to handle MBE questions on that subject and how to focus your studies on the most common and trickiest MBE topics. As a result, due to the non-performance of the duty of mitigation by S & E, they may not claim for the full amount of damages from Martina but they may claim for the damages due to the negligence made by Martina when she breached the contract. Two main types of Contract Law Questions a. There are two main equitable remedies for the breach of contract which are specific performance and injunctions. Contracts – “Short Essay” Question and Answer “Rights of John & Pete” ... First, to determine the applicable law and then whether there is an (1) offer, (2) acceptance, (3) consideration, and (4) the absence of any defenses. In determining whether the term is a condition or a warranty the intention of the parties as what it appears in the contract must first be considered. The main remedy under contract law is damages. EssaySauce.com is a free resource for students, providing thousands of example essays to help them complete their college and university coursework. Tactics for the MBE 2 are organized by subject area (Constitutional Law, Contracts, Criminal Law and Procedure, Evidence, Torts, and Real Property). All of our essays are donated in exchange for a free plagiarism scan on one of our partner sites. In the case between Martina and S & E, the burden of proof lies with Martina to show that S & did not make any attempt to replace her for the Australia job. Darrow-Kleinhaus' Mastering the Law School Exam is designed to provide students with a knowledgeable, reasonable, and rational voice to navigate the intricacies of law school exams. Case Study/Problem Question 2. Every question has a fully explained answer that analyzes, in detail, every answer option. The non-performance of a condition may be regarded as grounds to terminate the contract or suing for damages or both. Whether there is a breach of contract between Martina and S & E? Quiz yourself on Contracts, Exam 2 of 30 law essay practice questions and writing exercises by Quimbee. The law essays below were written by students to help you with your own studies. Some contracts spell out the benefits that that are derived by third-party beneficiaries or instill requirements on third-party obligors. However, despite displaying clear terms on our sites, sometimes users scan work that is not their own and this can result in content being uploaded that should not have been. 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