Essay Questions

Essay questions normally ask you to outline or discuss some issue; this may involve comparing and contrasting two or more concepts (for a sample question, see below).

This type of question will test both your knowledge and understanding of a particular topic and your ability to exercise a variety of skills. These will include in particular, skills of:

analysis and synthesis (the ability to analyse the question, select and organise suitable material for answering it, discuss issues and construct arguments and come to a reasoned personal conclusion)

communication and literacy (the ability to express yourself clearly and concisely)

How you tackle an essay question will depend to some extent on the precise wording of the question, but bear in mind that however the question is worded, any statement, claim or assertion which you make about principles should be supported by appropriate authority. This may be from books or journals, internet sources or a combination of these. You should be wary of using internet sources unless they are well regarded though – sites like Wikipedia are ‘open source’ which means anyone can edit them – hence, they are full of errors!

Sometimes an essay question can be based on a quotation or the work of a known author, followed by an instruction as to what students should discuss or critically examine. In such a case, it is essential to read the quotation carefully in order to determine precisely what it is concerned with. You should not be tempted to write all you know about one word that might appear in the quotation. You must appreciate the context in which that word has been set in the quotation.

Sample essay question

The law on (a) business to business contracts and (b) business to consumer contracts is not always separate and distinct. Discuss.

Answering an essay question

1. Read the question through carefully, and analyse what you have been asked to do. In this case, the question consists of two aspects – business to business contracts, and business to consumer contracts. You will need to be aware of the law affecting both types of contracts. Your answer should deal with those aspects of the law which differ between the two types, and those aspects which are similar. You will need to separate the two aspects clearly. It is perhaps worth mentioning, to complete the picture, that there is a third category of contract. This is where both parties are private individuals. So, for example s 14 of the Sale of Goods Act 1979 would not apply to these situations, for example, as the seller is not selling goods in the course of business. However, s 13 on sale by description would apply as there is no requirement that the seller acts in the course of a business in that section.

This first stage of tackling the question allows you to demonstrate your skills of analysis, by identifying the different aspects of what you have been asked to do and the issues raised by the question. Careful analysis at this stage should ensure that you answer the question in full.

You may find it helpful at this stage to “brainstorm” a list of all the points and issues which you think will be relevant to the finished answer, even though you may eventually disregard some as you finalise your written answer.

2. Plan your approach to preparing and writing the answer – for example, identify what materials you will need to look at (e.g. relevant units of the course, text books), plan how much time you think you will need and when you are going to write the answer. Note the word limit which has been imposed, and the cut-off date for submitting the essay. This stage will allow you to develop and demonstrate your skills of autonomy and ability to learn and to manage your own work load.

3. Make a rough plan of your answer by jotting down headings, key points, statutory and case references etc. The idea of this is to sort out in your mind what you are going to include in the answer; also, what you will include in your introduction and conclusion, and how you will link together the points you make.

N.B You may find you need to do some initial reading before even doing a rough plan; for example, you may find it useful to review by first skimreading early course texts to jog your memory about any relevant issues.

4. Carry out the detailed reading and other work which you need. Note that as you investigate the topic further, you may find that you need to revise (or at least refine) your initial rough plan. Again, this stage will allow you to demonstrate skills of analysis and synthesis; you will also have to use your skills of critical judgement and evaluation in considering arguments on the topic and identifying your own views on the second part of the question.

5. Prepare to write the answer. Do a final check of your plan (for example, are you certain that you have enough material to answer both parts of the question? Have you identified and formulated your own views? Have you used appropriate legal authority?)

6. Write the answer. Make sure that you keep referring to the question to show that you are dealing with it. When answering the question, do not be afraid to state your personal views; as long as they are reasoned and supported by examples from business and/or law and practice, you will be given credit for them. Do not think that there is a single set of “correct”
views for which your tutor will be looking when marking. Often, the difference between an essay which is simply competent and one which is really good is the ability of the writer to express a reasoned personal view; remember that this is an important skill within the course. You should come to a reasoned conclusion at the end of your essay, based on your preceding arguments. You should ensure that your comments are based respected authority in the subject area you are studying and not on a personal view of what you think should be
the case.

How you deal with the question will depend to some extent on its wording.

For example:

if you are asked to outline the law in a particular area, deal with the main points and principles rather than getting side-tracked into detail; also, remember to confine your answer to the area stated in the question

if you are asked to discuss a legal concept (as in the sample question), you should define it and go on to discuss it from all angles

if you are asked to compare or contrast two or more legal concepts, you should bring out the similarities and differences between them, not just by defining them but by bringing out their legal and practical effects

if you are given an essay question where you are asked to comment on a quotation, be sure to read the quotation carefully and comment on all of the quotation, not just on one word taken out of context

7. Once you have completed your answer, it is often beneficial to set it aside for a few hours, then re-read it to ensure consistency.