All entries for Thursday 23 December 2010

December 23, 2010

The follow up on A3

Follow-up to Trying to write a better essay from A way of growing; my choice to learn

This is embarrassing, but I hit a writer's block. In the end I abandoned that essay and wrote my contract essay instead.The contract essay regards a fictional case scenario where we identify whether our client is required to pay for the incurred cost that has resulted from his failure to acknowledge the clauses.

When approaching the question, I first understood what is required of the essay question. Then I tackled the potential issues brought by the case, such as whether there was a contract between the client and the company, and whether these clauses can be construed as binding. I admit I got a bit confused because technically, if the contract does not exist in consideration of whether there was an offer and acceptance, and if it is not even legally-enforceable through the doctrine of consideration, then you don't even need to bother to think about whether the clauses is binding because there's no legally-enforceable contract in the first place. But I believe that because my client signed a document acknowledging his knowledge of the clauses, this can perhaps make the contract legally enforceable. Anyways, it is from my understanding of what the question requires that I begin researching what constitutes as a legally-enforceable contract, and whether the clauses are incorporated into the contract.

From here I created a structure for my argument, where first I acknowledge that there is possibly a non legally enforceable contract. I then argue that the contract could be enforceable through the signature of the document. Then I argue whether the clauses were even incorporated into the contract. 

After that I used Bloom's taxonomy to determine if the level of my argument is evaluation-al, where I implemented my opinions about whether my client is bound by the clauses.

Overall, I did consider the lessons that I've learnt from the workshop, and they prove to help me be able to understand how I can approach and structure my essay.

December 2010

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  • It's always worth remembering that variety, not turmeric, is the spice of life. by Sue on this entry

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