免费咨询热线：400-699-1716 
微信
APP
ACCA LW考点：Applying legal knowledge
文章来源：ACCA官网
发布时间：2021-08-11 14:17
阅读：1126次
Applying legal knowledge–how to answer a question
Having seen above how to learn legal facts you now need to apply these to questions in the exam.To do this we’ll work through our scenario using the‘ISAC’(issue,state,apply,conclusion)approach.
State the issue–state the area of law that is at issue to provide the context of your answer.
The issue here is whether or not John is liable to pay the damages being claimed by Carlos.
State the law–now transpose the relevant areas of law from your diagram into your answer.Remember,in the Corporate and Business Law exam you must write in proper English sentences,so you should not use the bullet points and notes that appear in this illustrative example.
A full answer would cover the following points:
damages are an automatic common law right following breach of contract
damages are compensatory in nature
damages may be agreed by the parties in contract(liquidated)–though these will not be upheld if they are penalty clauses designed to discourage either party breaching Dunlop v New Garage(1915)
unliquidated damages are court determined and the injured party may sue for either:
-losses putting them where they expected to be‘Expectation interest’
-losses as a result of relying on the other party‘Reliance interest’
(Anglia TV v Reed)(1972)【点击免费下载>>>更多ACCA学习相关资料】
damages must not be too remote(Hadley v Baxendale)(1854):
-arise as a natural consequence of the breach or else
-be in the contemplation of both parties when the contract was formed(Victoria Laundry v Newman Industries)(1949)
normally actual financial losses are recoverable,however the claimant must take‘reasonable steps’to mitigate their losses(Payzu v Saunders)(1919)
non-financial losses may be recovered in certain circumstances including:
the cost of restitution is too high per Ruxley Electronics v Forsyth(1995)
the contract was for the provision of enjoyment(Jarvis v Swan Tours)(1973)
For each relevant point of law/case you include in your answer you will be awarded one mark.
Apply the law–apply your legal knowledge to the issues in the scenario,restating the facts in legal terms.This stage will lead you towards your conclusions.
Claim for£5,000–this is an example of liquidated damages and will only be upheld if they are a genuine pre-estimate of losses rather than a penalty clause per the Dunlop case.In this instance the amount seems reasonable and will probably be upheld.
Claim for£200,000–this is not a normal loss and so damages will only be payable under the second test in Hadley v Baxendale,otherwise they will be‘too remote’.It would appear that Carlos made John aware of this bonus during negotiations and as such it was reasonably in his contemplation.It is likely therefore that this claim will also be upheld as it was only the injury to Carlos caused by JWB that prevented him playing and earning this money.
Claim for£1m–damages are generally awarded for actual financial losses only.A claim for mental distress will not be upheld as it does not fit the exceptions outlined in the Ruxley and Jarvis cases.
Claim for£12,000–this amount will be upheld if it is not disproportionate as it reflects the cost of cure in rectifying the breach by JWB in respect of the swimming pool depth.The case of Ruxley does not apply,as in that case the damages claimed were in excess of the original contract price.
Claim for£100,000–this is not a normal loss and will be deemed‘too remote’unless Carlos can prove that JWB was aware of this when the contract was agreed(see second test in Hadley case earlier).It does not appear on the facts of the scenario that JWB had any knowledge of this contract.
Conclusion–state your advice.This should be consistent with your earlier analysis.
JWB is likely to be liable to Carlos in respect of the claims for late completion,loss of appearance bonus and pool rectification.The other losses will not be upheld,either being non‑financial in the case of mental distress,or too remote for the magazine contract.
Final words
At the end of this article you should be able to do the following:
Understand how to structure your revision and learning through the use of diagrammatic techniques.These should improve your knowledge retention and understanding of how the law operates in discreet areas.
Understand how to answer problem questions in the exam using the ISAC technique.Be aware that the example used was longer and more complex than an actual Corporate and Business Law exam question as it was designed to explore a wider range of issues than a Corporate and Business Law exam question.
Have a clear understanding of the topic of contract law damages in the context of the Corporate and Business Law syllabus.
Dave Halford is course design specialist and tutor at BPP Professional Education
2022年ACCA最新学习资料包
请大家认真填写以下信息，获取2025年ACCA学习资料包，会以网盘链接的形式给到大家，点击免费领取后请尽快保存。
*姓名不能为空
*手机号错误
*验证码错误
考试问答
Alex
讲师认证：长江出版社《财务会计习题集》主编
华东政法大学外聘硕士生导师，北京交通大学特聘教授，师上海师范大学外聘教授，长江出版社《财务会计习题集》主编；中国注册会计师，ACCA会员，CFA持证人，FRM持证人。 曾就职于知名会计师事务所，是会开直升机、会开坦克、会潜水，去过36个国家的“博士商科教书匠”，坚信“商科没有学不会的知识点”。教学成绩斐然，口碑极佳。
免费下载老师推荐的学习资料
免费直播
