Stating Definitions

Question:

For example, a question on remedies for breach of contract.

In answering the question, should we state the definition first?
A contract is an agreement giving rise to obligations which are enforced or recognized at law. Then after which, proceed to talk about the remedies. Or can we just go straight to the remedies?

Answer:

It really depends on how the question is phrased. Ok let’s say the question gives you a scenario as follows.
 
Tan contracts with Lee for the purchase of Lee’s car. Tan made payment of $10,000 to Lee but Lee failed to deliver the car to Tan. Advise Tan on the remedies available to him.
 
When answering this question, you do not have to state the definition of contract. You just need to state that Tan and Lee are in a contractual relationship; identify the effect of Lee’s non-performance on the contract (discharge by breach) and then set out what remedies Tan can claim against Lee arising from this dicharge of contract by breach.
 
Let’s say the question asks “Advise Tan on the remedies available to him arising from the breach of contract.”.
 
In this case, you can just address the remedies straight away.

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