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Strategies for Structuring Legal Essays: Remedies and Exclusions in Commercial Contracts

In today's session, we focused on the importance of structuring essay questions effectively, using the mnemonic ReStPAC as a guide. We discussed key topics, including equitable control over penalty clauses and relief for forfeiture, examining relevant case law like Paragon v. Nash and Interfoto v. Stiletto. Students were encouraged to recap their learnings, discuss class questions, and focus on clarity in arguments and conclusions. Essential readings were assigned for further comprehension, and participation in class discussions was highly encouraged.

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Strategies for Structuring Legal Essays: Remedies and Exclusions in Commercial Contracts

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Presentation Transcript

  1. LL202 Commercial Contracts Chris von Csefalvay

  2. Agenda for today • Session 7: Agreed remedies and exclusions • Recap • Structuring an essay question • Working on questions for class discussion

  3. Recap • 1 thing you remember from the lecture. • 1 thing you did not understand about what was said in the lecture.

  4. How to structure an essay question • The mnemonic: ReStPAC • Relevance • Statement (of a position or the principle) • Position (and counterpoint) • Arguments • Conclusion

  5. Q1: Equitable control over penalty clauses • Relevance • Statement • Position • Arguments • Conclusion

  6. Q3: Relief for forfeiture • Adapt the structure to such questions: • Reiterate question • Note applicable law if there is a major statute or line of case law • Explain separate areas • Conclude, try to draw a conclusion that sounds like one!

  7. Q4: Paragon v Nash • Relevance • Statement • Position • Argument • Conclusion

  8. Q5: Interfoto v Stiletto • Relevance • Statement • Position • Argument • Conclusion

  9. End of session 7 See you tomorrow morning in the same place. – Please do the recommended readings and think about the questions.

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