End-of-chapter questions: Answer Guidance 8.1

The question asked raises the possible distinction between the business setting and the non-commercial context. It would be possible to answer the question entirely in the abstract, but the best answers will make use of the quotation given. It would be helpful to link the requirements of certainty with those concerning intention to create legal relations, and to set the quotation in context by offering some explanation and analysis of Baird Textiles Holdings Ltd v Marks & Spencer plc [2001] EWCA Civ 274, [2002] 1 All ER (Comm) 737. If you do think that the law is in need of reform, you should also say what reforms you would like to see.

Answers to this sort of question often engage with secondary literature and commentary. That is a good thing. But it must not be the only thing you rely upon: you should use examples and illustrations from the case law as well. The secondary sources should not trump the primary sources. Nevertheless, your own views and arguments must come through clearly.