.’ Using authority discuss the approach taken by the courts to the classification of contractual terms.

To answer the following essay question:

‘In some cases, the parties themselves may have described particular terms as conditions in a written contract. As an examination of the cases on innominate terms will show, the courts will not always regard such terminology as decisive1 .’
Using authority discuss the approach taken by the courts to the classification of contractual terms.
1 C Elliott and F Quinn, Contract Law (12th edition, Pearson 2019) 125

The Word Limit The word limit is 1,250 words. The word limit does not include footnotes or the bibliography and there is a 10% margin either way

Style and Format You should type your coursework as a Microsoft Word document. You should type in a 12 point font that is easy to read (eg Arial) and 1.5 line spacing (so the marker has room to make comments on your work). Your coursework must be fully referenced using OSCOLA. You should set out a bibliography at the end of your coursework giving details of the sources that you used in your coursework. You should set out a word count at the end

Assessment Criteria The pass mark is 40%. You will be assessed against the following criteria:
• Comprehension of the instructions and the task to be undertaken. (LO1)
• Identification and understanding of the practical issues and problems and how the law may impact on them. (LO2 and LO3)
• The ability to apply knowledge to situations and provide arguable legal and non-legal solutions for hypothetical problems (LO4 and LO5)
• Ability to identify and select information and construct a valid argument with supporting evidence (LO1 and LO6)
• Effective communication of outcomes in an appropriate format and in time constrained conditions (LO4 and LO7)

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