1. “Legal Essay” format Advice “… advise the parties …”
Format for answering assignments and exams in this unit
Introductory part of the answer
Identify the Relevant Law that needs to be analysed
Discussion part of the answer
Conclusion

2. “Legal Essay” format Things to consider Use your own headings
Better papers draft headings that identify what that part of the paper will discuss / consider
You may just use these headings: Introduction, Relevant Law, Discussion, Conclusion
Things not to do
DO NOT REWRITE OR RESTATE THE QUESTION
No marks are awarded for the time you take to write out the question.
DO NOT STATE FACTS IN ISOLATION – facts are used when you “apply the law to the facts”
No marks are awarded for simply listing the facts on their own

3. Introductory part of the answer
Introductory paragraph to state the subject matter / topic area, i.e. the general area(s) of law to be considered
Brief identification of the specific area of law to be considered
If possible, identification of the particular area of law / legal rule(s) that will requires more detailed analysis

4. Identify the Relevant Law that needs to be analysed
For both Legislation and Case Law
State both the law (legal rule) and the authority
Legislation
Authority is the name of the legislation and the section number
The Law (legal rule) is the words in the section
E.g. Partnership Ordinance, Section s 3(1) Partnership is the relation which subsists between persons carrying on a business in common with a view of profit
Note – it is better not to paraphrase, direct quotation is preferable, no need to state every word if the section is very lengthy, e.g. … relation … between persons carrying on a business in common with a view of profit
Case Law:
Authority is the name of the case
E.g. Donoghue v Stevenson [1932] AC 562
For Assignments – full case citation
For Final Exam – only name of case, no need for the full citation
The Law (legal rule) is the principle that the case represents
E.g. the duty of care …

5. Identify the Relevant Law that needs to be analysed
Partnership Ordinance
Section 3 Definition of partnership
S 3 (1) Partnership is the relation which subsist between persons carrying on a business in common with a view of profit.
Contract Law
Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256
Sale of Goods Ordinance
Negligence Law
Donoghue v Stevenson [1932] AC 562

6. Identify the Relevant Law that needs to be analysed
Partnership Law
there must be evidence of a profit motive in the enterprise (Deane), but it need not actually be a profitable business (Softwood Pulp and Paper)
the business of the partnership must not be capable of being characterised as a hobby (Prince et al)
the actual size of the enterprise is not important (Walker); and
its operations must feature repetition (Harris)(Dixon).
(1982) 82 ATC 4112
(1976) 7 ATR 101
(1985) 85 ATC 4179
(1980) 10 ATR 869
(1952) 86 CLR 540

7. Identify the Relevant Law that needs to be analysed
Liability of partners
Partnership Ordinance, Section 11
Every partner in a firm is liable jointly with the other partners for all debts and obligations of the firm incurred while he is a partner … also severally liable in a due course of administration for such debts and obligations, so far as they remain unsatisfied but subject to the prior payment of his separate debts.

8. Identify the Relevant Law that needs to be analysed
Contract Law
Intention to contract
The courts apply an objective test, taking into account the inferences which could be drawn from the words or conduct of the parties, extending as far as “a contract may be inferred from the acts and conduct of the parties as well as or in the absence of their words”
Some contracts are specifically ruled out
eg between family members, of a domestic, social and voluntary nature
Balfour v Balfour [1912] 2 KB 581
However, this does not rule out contracts between such people if they are specifically entered into, serving merely to prevent their occurring incidentally
Cohen v Cohen (1929) 42 CLR 91

9. Discussion part of the answer
Apply the Law to the Facts
This is the most important part of your answer, it has the maximum number of marks.
You need to provide analysis by considering the facts in the question and deciding how the law applies to the facts, such that you are then able to state the outcome for the scenario.
You are able to advise the parties of how the law will consider their circumstances.

10. Discussion part of the answer
Logical flow
It may be necessary to examine the meaning of terms that are found in the stated law
E.g. what is the standard of care

11. Conclusion Optional, but note
A well written conclusion does earn more marks
Sum up but don’t simply repeat material already written in the answer
Consider
Succinctly state the key points that summarise the answer