RESEARCH STRATEGY
1) Use the Internet to find an example of each of the following documents:
• an agreement to sell/purchase
a business;
• an agreement of merger and plan of reorganisation;
• a consumer loan agreement.
Simple open web search: specific agreement type
Standard open web search strategies (searches
which look for information freely available on the web) are excellent
for uncovering a wealth of information in broad areas of research such
as this one. Google is often the best search engine to use for such searches.
Using the Google search engine (www.google.com),
enter the following search query:
agreement to sell/purchase a business
Although many hits are returned, it is not
immediately obvious whether any of these include the type of document
that you are looking for.
Compare this with the results of the following
search query:
agreement of merger and plan of
reorganisation
One of the first links returned is for Sample
Contracts - Agreement and Plan of Merger - Second Cup Inc ...
.
This is exactly the kind of model merger
contract that you have been asked to find.
Simple open web search: general law forms
If Google doesn’t return the kind
of agreement which you are looking for, you may need to widen the search
to a more general search for websites containing sample law forms. You
can then follow one of the links and search for the document in the website
provided.
Using the Google search engine, enter the
following search query:
"law forms"
Alternatively, try the following search
query:
"legal forms"
It is possible to combine these two search
queries in order to search for both terms in one search session. By using
the tilde sign (~) in your search query, you can search
for terms which are synonymous with or similar to the terms which follow
(e.g. legal).
Enter the following search query:
~law forms
One of the first hits returned is for FindLaw
Forms.
Clicking on this link will lead you to the
FindLaw Forms section on www.findlaw.com, a very useful
legal research site.
On the left hand side of the screen you
will see the Search FindLaw tool. Enter the following search
query into Search FindLaw:
agreement to sell/purchase a business
This will lead you to many examples of agreements
to sell/purchase a business, e.g. the agreement of sale and purchase between
Surgical Health Corporation and Crescent Capital Trust.
Meta-search engines
Another way of performing a thorough search
is to use a meta-search engine (see more about meta-searching in Task
8).
Using the SurfWax search engine (www.surfwax.com),
enter the following search query:
legal forms
Unlike most popular search engines, SurfWax
returns results in an abbreviated form. This helps you see the results
more comprehensively on a single page. In order to review the details
of an individual site, it is not necessary to actually go to that site.
Instead, you can click on the magnifying glass symbol (
) in the left-hand column.
Find the ILRG Legal Forms Archive
link. Click on the
symbol to the left of that link. The window on the right-hand side of
the page presents a summary of the Internet Legal Research Group (ILRG)
website.
Using the scroll bar on the far right-hand
side of your screen, scroll towards the bottom to find a list of the ILRG
site’s FocusWords (key words found in the ILRG website).
Find the FocusWords Consumer
Loan Agreement and click on the
symbol to the left of the link. You will be given a summary of the term
‘Consumer Loan Agreement’ as it appears in the ILRG website,
as well as other useful links to the contents of the ILRG website. This
is very useful when deciding whether or not the website in question (in
this case, ILRG) contains what you are looking for.
This search strategy will help you locate
important terminology and carry out an extensive search quickly.
Now click on the Consumer Loan
Agreement link to find your third required model contract.
One further source of useful legal
documents is Onecle (www.onecle.com). Use this
site to find different examples of the three types of contracts
you have been asked to find and compare their wording. |
2) Ensure that each of the example contracts you have collected
includes a provision detailing remedies available in case of breach of
contract.
To search text-heavy web pages for words or phrases, use your browser’s
Find function: click Edit on your browser’s toolbar and
select Find, then enter terms such as breach
and remedy in the pop-up box. This will locate every
occurrence of the term in the text. You can also bring up the Find pop
up box by using Ctrl + F on your keyboard.
Compare the different provisions detailing
remedies available in case of breach of contract. Are they adequate? If
not, try to find better alternatives.
Answer
The following documents meet the required
criteria:
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