2020 Contract Law Question 5 — LawShortcut Independent Model Answer
A reform essay requiring two of three topics. This answer argues that undue influence needs no reform of substance — only the stripping out of its over-built classification — while the writing requirement in the Statute of Frauds (Ireland) 1695 needs legislative replacement, and that the organising question is who can fix each defect.
Scenario summary
Question 5 is the paper’s reform essay. It sets no facts and asks for no advice. What it wants is a view on whether the present law should be changed, worked out through decided cases rather than asserted.
Three subjects are offered, and candidates must deal with any two of them: (a) how contract terms are interpreted; (b) undue influence as a vitiating factor; and (c) the place of formalities in enforcing contracts.
This model answer takes (b) undue influence and (c) formalities — one topic where the honest conclusion is that the doctrine should be kept and tidied, one where it is that a statute of 1695 should be replaced. With 25 marks in play each topic is worth roughly ten marks, the balance going to the argument and its use of authority.
Candidates are asked to take any two of those three subjects and say whether the law governing them stands in need of reform, supporting the argument with case law.
This is a LawShortcut scenario summary written in our own words. For the exact examined wording, use the official King’s Inns paper linked above.
What this model answer covers
Issues and structure addressed in the full LawShortcut model answer:
- Reading the Question — how a reform essay differs from an issue-spot
- Part (b) — Undue influence: a sound doctrine carrying an over-built classification
- Part (c) — Formalities: a statute of 1695, patched by equity
- Conclusion — targeted reform, and who can deliver it
- Where the 25 marks live — allocation across the two chosen topics
- Common ways to lose marks
- Authorities relied on
- The reusable answer structure
Read the complete LawShortcut model answer to this question — reading the question, issue spotting, the applicable law, application to the facts and conclusions — inside the King’s Inns Contract Law Model Answer Vault.
Part of the King’s Inns Contract Law Model Answer Vault — 30 independently authored model answers, 2020—2025.
All 2020 Contract Law answersContract Law Model Answer VaultStudy Contract law