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CS Professional · Drafting, Pleadings and Appearances · Art of Opinion Writing

Sunrise Agro Ltd seeks an opinion on the validity of a contract. The professional gives a one-line conclusion, 'The contract is valid', without stating facts assumed, provisions relied upon or reasoning. What is the main deficiency?

The main deficiency is the absence of reasoning. A proper legal opinion sets out the facts assumed, the issues, the law relied upon and the analysis leading to the conclusion. A bare statement of validity cannot be examined or safely relied upon by the client.

  1. AIt lacks the reasoning and basis that make an opinion a proper legal opinionCorrect
  2. BIt should have been given orally only
  3. CIt should have been expressed as a court order
  4. DIt should have avoided any conclusion

Explanation

A sound opinion records facts, issues, applicable law, analysis and conclusion. A bare conclusion without basis cannot be tested or relied upon. Opinions are not orders, and a conclusion is expected.

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