Answering Hypothetical Questions

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BUSINESS LAW – Answering hypothetical problems These observations are intended to assist students new to legal studies in approaching the group project presentation problems and the examinations in this subject. This course on contract law is designed to enable you to gain an appreciation of basic rules governing commercial transactions. Your knowledge will be tested by asking you to resolve a legal issue or issues arising out of a hypothetical fact situation presented. In coming to a legal solution for a hypothetical set situation, the student has to identify and resolve the legal issues which the facts raise. What is the “right” answer will often be a complex academic and technical question. Often there is no yes or no answer ( the administration of the law is not simply an arbitrary application of hard and fast rules) and the problem will require discussion of issues and case law and a conclusion, your conclusion on whether one or other of the parties will succeed and whether a particular remedy is or is not available and why. The way you reason will be (almost) as important as your ultimate conclusion. Of course, some conclusions more likely to be correct than others, in the predictive sense that the Singaporean Court of Appeal would be more likely than not to adopt one conclusion ahead of another. You may however consider that for good reasons that predicted court resolution is not the best legal solution as a matter of legal reasoning. Thus the answer to hypothetical problems are not usually clear cut – any examiner will be looking for your understanding of the legal issues, the relevant case law, your observations and discussion on those and your reasoning to a conclusion on the hypothetical facts presented to you. Usually, the problem will have been drafted in such a way that one or more solution to each of the legal issues arising is

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