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How to write a legal opinion in equity

The next step is to plan your essay: as we identified, the minimum requirements will be an introduction, body and conclusion, unless you are dealing with a report or dissertation.

When you have done some research, you may wish to make a rough plan of where you intend to go with the essay. For example:

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Question: Recent case law suggests that litigants are generally better advised to pursue a claim in misrepresentation rather than for breach of contract. Discuss.

Comment: Note that the question asks you to 'discuss' – this requires that you offer an explanation of the issue/quote and then give two or more sides of the issue and any implications.

This question calls for a general comparison of the remedies for misrepresentation and breach of contract, but more specifically, it requires a focus on the recent body of case law from the Court of Appeal in which damages under Section 2 of the Misrepresentation Act (1967) have been equated with those available for an action in deceit. Your answer should therefore include a comparison of the following points:

(a) the availability of rescission and repudiation;
(b) the basis upon which damages are awarded in misrepresentation and for breach of contract.

Sample Law Essay Plan

Introduction

For a pre-contractual statement constituting both a breach of contract and misrepresentation, the representee must choose which action to pursue. Which is best?

Remedies for breach of contract (repudiation and/or damages), remedies for misrepresentation (rescission and/or damages)

What the essay will cover: a consideration of recession the availability of repudiation and rescissi§ the basis for awarding damages in each area.

Contract remedies depend whether the term which the defendant has broken is a condition or warranty, whereas in misrepresentation it is the culpability of the defendant which determines the available remedies.

Body

The difference between repudiation and rescission

How contract terms are classified and why this is important

The basis for awarding damages for breach of contract

The basis of awarding damages for misrepresentation

The advantages of suing under Section 2 of the Misrepresentation Act 1967

The relevance of contributory negligence, fraud and direct consequences damages, and loss of opportunity damages

Use of a deceit measure for all non-innocent misrepresentations, disregard of any foreseeability criterion

Potentially enhanced recovery of non-pecuniary losses

Award of quasi 'loss of bargain' damages

Contrast with difficulties recovering damages for innocent misrepresentations

Possible bars to rescission including exercise of judicial discretion under Section 2(2) of the Misrepresentation Act 1967 (per William Sindall plc v Cambridgeshire County Council (1994) 1 WLR 1016)

General emphasis on reliance losses in tort

Conclusion

Summarise main issues/comparisons

(Adapted from Source: Brown, I & Chandler, A (2005/6) Law of Contract, Oxford University Press)

Law Essays – writing your introduction

Your introduction will often be an analysis of the question posed, identifying the area of law, key legislation and main points you intend to address in the essay. You may even spell out what you intend to show in your writing. For this reason, it is suggested that you review your introduction when you have finished to make sure it reflects the direction you have taken, or even leave writing your introduction until last!

Law Essays – writing the body

The body of your answer, accounting for the majority of the word count, should demonstrate your understanding of the area and develop your argument. It is a good idea here to keep referring explicitly to the question asked.

The body may include:

You can refer to authoritative opinion, e.g. quotes from Hansard, Law Commission Reports, opinions from Text Books but note that you should not give your personal opinion ever in law essays. Rather, you should give a legal opinion based on the sources you have found.

You should aim to:

(a) write in continuous prose
(b) make sure everything you say is relevant
(c) start a new paragraph for each main idea
(d) use short, clear sentences in preference to long, rambling ones.
(e) support each main idea with examples, relevant facts or legal authorities, making clear where it was that information or quotations you use came from.

Make sure that you keep referring back to the question posed – this will help you stay on track.

Law Essays – writing your conclusion

The final section is your conclusion – this should summarise your main findings, highlight any major issues that have arisen from your discussion, and discuss the implications of your findings. If reform is required, you could say so here – if reform is already proposed or underway, this is something you should explain.

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