2021 Contract Law Question 5 — LawShortcut Independent Model Answer
A reform essay requiring any two of three topics. This answer argues that the “subject to contract” / “Contract Denied” formula should be kept because equity already polices its one real abuse, and that specific performance is sound in structure but read too narrowly at the adequacy-of-damages gate — with the reform in both cases being judicial rather than legislative.
Scenario summary
Question 5 on the 2021 paper is the reform essay. It supplies no facts and asks for no advice. What it wants is a view on whether the present law should be changed, and it directs that the view be illustrated by decided cases rather than simply asserted.
Three subjects are offered, and candidates must deal with any two: (a) the term “Contract Denied” in contract negotiations; (b) specific performance as a remedy; and (c) capacity in contract law.
This model answer takes (a) “Contract Denied” and (b) specific performance. In both the governing rule is judge-made, and each carries a recent Irish High Court decision squarely on the point, which is what the direction to illustrate with case law demands.
With 25 marks in play each topic is worth roughly ten marks, the balance going to the argument and the use of authority. Answering all three subjects loses marks rather than collecting them.
Candidates are asked to take any two of those three subjects and comment on whether the law governing them stands in need of reform, illustrating the answer with relevant case law where appropriate.
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 — what a reform essay buys, and how to choose the two topics
- Part (a) — “Contract Denied”: a formula that earns its keep
- Part (b) — Specific performance: a sound framework read too narrowly
- Conclusion — two conservative verdicts, reached for different reasons
- 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.
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