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In lieu of revising, I bring you an LJ post about revising.
Final OU exam tomorrow; W300, or Torts and Contracts. (Yes, if you're familiar with the OU LLB course, I have indeed done the modules out of the default order.) Tort law deals with wrongs between parties that don't arise from an agreement: negligence, nuisance, trespass and so on. Contract law covers disputes about agreements: whether they were made properly, exactly what the terms of the agreement were, and what happens when they are broken or become impossible to carry out.
Tomorrow's exam lasts three hours, and I'll have to answer four questions. The paper is split into two halves, with five questions in each; notionally one part is on contract and the other on tort, but there are invariably questions that will cover some aspect of both. There will be one or two essay questions in each section, which I will try to avoid unless the problem questions are really nasty and the essay topic is one I know backwards. Essays can be a real high-risk element in exams, as you have at most forty minutes to compose and express an argument whilst being sure that you're not forgetting something important or missing the point of the question. (And if your answer doesn't align with the marking script, you risk losing marks even for an otherwise good essay).
So, focus on the problem questions. Exam-spotting is a risky pursuit in itself, but if 20% of the course is devoted to topic X, and there has been a question on topic X for the last four years, then it's a good bet that there may be a question this year. On that basis, I'm aiming to make sure I have a really good grasp of the perennial question topics, so that I can tackle them with confidence and save as many brain cells as possible for the wider range of questions that might come up. Looking at past exams, the 'very likely' questions cover the following scenarios:
A offers something for sale and B responds; there is some combination of B's response being a query or counter-offer, or B's response being by post/email/voicemail and crossing over with A's message revoking the offer. Is there a contract?
X is involved in a dreadful accident caused by Y; I witnesses it, J, at risk to herself, rescues X, and K, X's wife, hears about it. I, J and K all suffer psychiatric damage as a result - is Y liable for this?
E buys a gadget / has some work done; it goes wrong and there's damage to her property. Who can she sue and what damages will she get? (Sale of Goods Act, Supply of Goods and Services Act, Consumer Protection Act, common-law Negligence.)
So, I'm trying to ensure I'm fairly up to speed on these, as that way I can concentrate in the exam on getting good answers to the other topics that might come up: misrepresentation, mistake, frustration of contracts, part-performance, promissory estoppel, damages for loss of earning capacity, public nuisance, private nuisance, trespass to land, trespass to the person, false imprisonment, occupiers' liability (to lawful visitors and trespassers), vicarious liability and employers' liability. [EDIT] And of course exclusion notices and clauses, which may apply to most of the above.
Note to self: make sure to bring enough pens.
Final OU exam tomorrow; W300, or Torts and Contracts. (Yes, if you're familiar with the OU LLB course, I have indeed done the modules out of the default order.) Tort law deals with wrongs between parties that don't arise from an agreement: negligence, nuisance, trespass and so on. Contract law covers disputes about agreements: whether they were made properly, exactly what the terms of the agreement were, and what happens when they are broken or become impossible to carry out.
Tomorrow's exam lasts three hours, and I'll have to answer four questions. The paper is split into two halves, with five questions in each; notionally one part is on contract and the other on tort, but there are invariably questions that will cover some aspect of both. There will be one or two essay questions in each section, which I will try to avoid unless the problem questions are really nasty and the essay topic is one I know backwards. Essays can be a real high-risk element in exams, as you have at most forty minutes to compose and express an argument whilst being sure that you're not forgetting something important or missing the point of the question. (And if your answer doesn't align with the marking script, you risk losing marks even for an otherwise good essay).
So, focus on the problem questions. Exam-spotting is a risky pursuit in itself, but if 20% of the course is devoted to topic X, and there has been a question on topic X for the last four years, then it's a good bet that there may be a question this year. On that basis, I'm aiming to make sure I have a really good grasp of the perennial question topics, so that I can tackle them with confidence and save as many brain cells as possible for the wider range of questions that might come up. Looking at past exams, the 'very likely' questions cover the following scenarios:
A offers something for sale and B responds; there is some combination of B's response being a query or counter-offer, or B's response being by post/email/voicemail and crossing over with A's message revoking the offer. Is there a contract?
X is involved in a dreadful accident caused by Y; I witnesses it, J, at risk to herself, rescues X, and K, X's wife, hears about it. I, J and K all suffer psychiatric damage as a result - is Y liable for this?
E buys a gadget / has some work done; it goes wrong and there's damage to her property. Who can she sue and what damages will she get? (Sale of Goods Act, Supply of Goods and Services Act, Consumer Protection Act, common-law Negligence.)
So, I'm trying to ensure I'm fairly up to speed on these, as that way I can concentrate in the exam on getting good answers to the other topics that might come up: misrepresentation, mistake, frustration of contracts, part-performance, promissory estoppel, damages for loss of earning capacity, public nuisance, private nuisance, trespass to land, trespass to the person, false imprisonment, occupiers' liability (to lawful visitors and trespassers), vicarious liability and employers' liability. [EDIT] And of course exclusion notices and clauses, which may apply to most of the above.
Note to self: make sure to bring enough pens.
