1) FACTS: Always prepare a diagram of the question and set forth all

facts the test question presents.

2) ISSUES: Issues are the same thing as defenses you can use to

defend your client in hisfavour.These issues or defenses

that could assist you are found in one of the four parts of the

Flow Chart.

3) LAW: Once you identify the issues-defenses from the Flow Chart

that could provide a defense for your client, whether or not

they might not work, then set forth in your written answer,

the exact law which applies to the issue=defense that you

are relying upon to support your conclusion as to why your

client should prevail. (win)

4) APPLY LAW:Once you have set forth in your written answer, the exact

Lawthat you have set forth, then apply that law to the facts

to reach your final answer.(Your conclusion)

REMEMBER: There will always be another party who will dispute your

conclusion and how you arrived at it.THUS, when writing

your answer, pretend you are the Judge and that you have

1.

heard both sides.Then you will write your opinion as to who

should win the case and set forth the legal reasons for your

decision.

This is just a Practice Exam.It does not count for any points for your final grade.

Its sole purpose is to let you know the type of essay questions that you can expect and how you should approach and answer them.

For this Practice Exam, and other practice exams, you can use your notes or talk with fellow Students.However, you should be able to answer this question in 20 minutes or less.Also,FOR THE FINAL EXAM IN CONTRACTS,NO NOTES ORFRIENDS ARE PERMITTED.

Essay Question:

OnApril1, 2020,JOHN SMITH mailed a letter to WILLIAMJONESwhich said: "Would you, by chance, be interested in selling your home to me for $90,000.00?"JONES received SMITH'S letter on April3, 2020.After thinking about it,JONES then wrote a letter to SMITHwhich said, "I accept your offer to purchase my home for $90,000.00".JONESdeposited the letter in the mail at 11:30a.m.April5, 2020, and SMITH received this letter onApril 7, 2020, at 9:00 a.m..Meanwhile,SMITH learned of another home comparable to JONESfor a much better price.Therefore,on April3, 2020,SMITH wrote a letter to JONESwhich stated, "Our deal is off."SMITHmailed this letter to JONESat 9:00 a.m.onApril4, 2020, and JONESreceived this letter at 2:00 p.m.on April6, 2020.When JONESfound out that SMITH was not going to buy his home, he filed suit against SMITH for breach of contract.SMITHdefends by saying "There never was a contract. I never offered to buy the home.Also, if I did make an offer, I revoked my offer."

Who should prevail?Smith or Jonesand why?Set forth any and alldefensesSMITH could use to avoid having to buy JONES' home?Would those defenses be effective? Set forth alegal explanation as to the reason that one party should prevail over the other party.

Remember to diagram your answer.