ABSTRACT

In this chapter you are presented with an integrated case study, based on real-life situations, which youwill be asked to refer back to throughout the book. Short problem questions of one or two paragraphs are regularly used in university law schools to encourage students to take the concepts and rules they have learnt about and apply them to new fact patterns. One of the main aims of such exercises is to encourage you to apply the abstract to the specific and to test the limits of a doctrine or judgment by reference to unfamiliar facts. This is because the disputes that contracting parties bring before the court will each have unique elements. What we ask students to do in applying doctrine to new cases is to establish whether the fact pattern before them is sufficient to bring it within a particular doctrine or judicial line of reasoning. Exam papers up and down the country are full of problem questionswhich attempt to stretch the application of the contractual canon to its limits.