Workshop 2: Reading Cases and Problems in

Contract Law
Learning Outcomes

Learning Outcomes
At the end of this workshop you will:
Understand how to read cases effectively.
Understand how to analyse factual scenarios involving contractual issues.

Essential Reading
Before participating in the workshop you should read the following:Finch &
Fafinski, Chapter 7 Using Cases, pages 128-135Gibson v Manchester City
Council [1979] 1 WLR 294
You should use the research skills developed during Legal System and Skills
1.1 Add title here
to find and locate the full case report for Gibson. Please bring a paper, or
digital copy of the case report, to the workshop.
NB It is also very useful to read the Preface of the Arvind text since this
provides you with a useful overview of the direction of the subject and
recent developments.

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Workshop Questions and Activities:

Activity 1 – Reading Cases

Read the full judgement of: Gibson v Manchester City Council [1979] 1 WLR 294

You should be prepared to identify the following. This part of the workshop will involve a whole group
Q&A session.

1) Name of the court

2) Case name
3) Neutral citation
4) Law report citation
5) Date of hearing and judgement
6) Judges
7) Subject Matter
8) Headnote
9) List of cases referred to
10) Details of the action
11) Counsel
12) Judgement

NB Finch & Fafinski provide a good breakdown of a case so cross reference to this if you find any of the
above difficult or are unsure.

Activity 2 – Effective case notes

You should be prepared to explain the following:

1. What are the facts of the case?

2. What was the decision?
3. What important principle of contract law is illustrated by this case?

Your tutor will explain the importance of reading full judgements rather than relying upon case
summaries in text books. This will be time consuming to start with as you will need to use different
reading skills (surface reading, focused reading on key elements). You should develop key skills in case
note summaries.

Activity 3 – Learning to read facts

You will be split into small groups of 3-4 students and will be asked to discuss one of the following
problems. Please note, this is not about the law, it is about understanding the facts and you should
focus on:

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1) Who has suffered a loss or disruption – can you identify a potential claimant/defendant?
2) How has the loss or disruption arisen? Who has potentially caused this?
3) Has the loss arisen from a misunderstanding, difference in perceptions or physical conduct?
4) What do you think will resolve, or remedy, the situation?
5) Is this something which should be remedied by the law?

Problem 1:

John agrees to pay Kate £3,000 on the condition that Kate will paint the exterior of John’s house. John
agrees to pay the money in three instalments of £1,000 each. Before the final instalment is due, John
tells Kate that he has lost his job and can only afford to pay £300 for the final payment. Kate
reluctantly accepts the £300 from John. A year later, John receives a letter from Kate demanding that
the £700 difference he failed to pay must be paid within 7 days or she will pursue recovery of the debt
in court. Discuss the issues arising.

Problem 2:

Marianne decides to invest in the purchase of a small PR business. Marianne meets Karl, an estate
agent, who informs her that there is a local business, run by partners Sue and Sarah, which is for sale.
Karl tells Marianne that the net profits of the business are £50,000 and that the area in which the PR
business is situated has been listed for regeneration investment by the local authority. The latter will
bring lots of new businesses into the area. Marianne purchases the business, paying £100,000. After 1
month, she finds out that in fact the net profit margin is only around £20,000 and that the area has
been listed for residential development which means it is unlikely that any new businesses will relocate
to the area the PR business is situated in. Discuss the issues arising.

Reflection and Further ReadingThinking point – In the Gibson case what

did Lord Diplock say about ‘exceptional cases’? Did his Lordship provide
any guidance on what these might be?Reading – After the workshop you
may wish to re-read Gibson to see if your approach to reading cases has
improved and to clarify any issues you were not clear about before the
workshop.