Answers meriting the highest marks may also demonstrate:
An understanding of the main themes, rationales and policies underlying elements of the law of contract covered in the module (eg: respect for the parties’ intentions; the objective theory/approach; contract as a ‘bargain’; aspirations for contracts / the law of contract to be ‘certain’, ‘fair’, and/or ‘economically efficient’; etc), where these are relevant to the assessment;
Especially detailed knowledge of the assigned readings and/or evidence of relevant wider reading beyond the assigned readings.
For problem questions, answers achieving the pass threshold will be expected to demonstrate the ability to:
Identify relevant / significant facts given in the hypothetical scenario;
Identify at least some of the main legal issue(s) arising from those facts;
Identify and explain relevant legal knowledge relating to each such legal issue; and
Apply that legal knowledge to the analysis and discussion of each such legal issue, explaining arguments that might plausibly be made for or against the application of any relevant legal rules, principles, case-law authorities and/or legislative provisions, or, where the law is such that its application leads to a clear and unambiguous conclusion on a particular issue, explaining this to be the case.
For essay questions, answers achieving the pass threshold will be expected to demonstrate the ability to:
Identify at least some of the main legal issue(s) arising from or relating to the question;
Explain and discuss each such issue, with reference to relevant legal knowledge, focussing in particular on identifying and explaining any points in relation to which the law is or has been unsettled or the subject to disagreement or controversy;
Explain, with reference to relevant legal knowledge, arguments that have been, or might plausibly be, made in relation to each such issue or point.
Answers which merit progressively higher-than-passing marks will typically demonstrate progressively better-than-passable ability in the elements listed above, eg:
Relevant / significant facts and legal issues will be identified more consistently and comprehensively, including, for the very highest marks, the identification of any minor or less obvious legal issues;
Legal knowledge relevant to those issues will be explained more logically and coherently, with greater relevant detail and in a manner progressively more pertinent to the issue(s);
Application of legal knowledge will identify and explain arguments relating to the issues with progressively greater comprehensiveness, detail and sophistication.
Answers achieving the pass threshold will be expected to demonstrate some ability to question, appraise and/or evaluate critically the argument(s) identified and explained through analysis, by reference to relevant legal knowledge.
Answers to problem questions which merit progressively higher-than-passing marks will typically demonstrate, in addition, progressively better-than-passable ability to:
Assessing the significance of a point within the wider context of the discussion being undertaken. Examples of evaluation in law include assessing the merits of a party’s case or legal argument, supporting or rejecting law reform proposals, and forming an opinion on an essay statement.
Communication refers to the candidate’s ability to demonstrate that they can share ideas and information effectively.ii This criterion is composed of three parts: structure, style, and referencing. For definitions of structure, style,
Reach conclusions on the legal issues, viz to explain which of the legal arguments identified are reasonably arguable and/or are likely to be correct in law, or to explain why it is not possible to express a view;
Where appropriate, propose solutions to the legal problems facing the parties being advised, viz by providing advice regarding the parties’ legal positions overall, regarding any legal arguments they should advance, legal remedies they should seek and/or other steps they should take.
Answers to essay questions which merit progressively higher-than-passing marks will typically demonstrate, in addition, progressively better-than-passable ability to:
Reach conclusions on the legal issues, viz to explain why the law on each such issue is correct or ought to be clarified or reformed in a particular way.
Provide an evaluation, supported by reasoned arguments, of all aspects of the question set.
Particularly (but not only) in relation to essay questions, answers which merit higher-than-passing marks may, where appropriate, engage with wider themes, rationales and/or policy considerations underlying elements of the law of contract.
Answers achieving the pass threshold will demonstrate the ability to communicate information, arguments and analysis effectively to a specialist audience (viz the markers and moderators).
More generally, all answers will be assessed in relation to communication by reference to:
Structure: the extent to which information, ideas and arguments are presented in a logical order, with appropriate transitions and (sub)headings;
Research & Ethics
and referencing, see LLB / GELLB Programme Assessment Criteria (PAC):
Research refers to the candidate’s ability to demonstrate that they can independently find relevant authorities (which
may include cases, statutes,and scholarly literature). Ethics refers to the candidate’s ability to demonstrate that they can account for professional ethical considerations.
Style: the extent to which appropriate language and grammar is employed; where appropriate (viz not for written examinations), in compliance with the LLB/GELLB Programme House Style;
Referencing: where appropriate (viz not for written examinations) the extent to which authorities and other references are cited appropriately, in accordance with OSCOLA.
Answers are not expected to demonstrate research beyond the assigned readings.
However, any relevant effort to read more widely, beyond the assigned readings, will be acknowledged and rewarded.