Kara Sears
When answering a contract law problem, it is important to first familiarise yourself with the relevant area of law. Read the problem carefully and precisely several times to understand the facts, as they determine the relevance of any legal points made. Identify the legal issues and then work through them logically, using authority for each point made. Set out the basic legal issues and avoid making general statements about contract law. If the legal position is unclear, explain the nature of the uncertainty and suggest ways it could be resolved. Conclude by summarising the outcomes for the parties.
| Characteristics | Values |
|---|---|
| Reading the problem | Read the problem carefully several times. Do not skim read. |
| Fact identification | Have a precise understanding of the facts, since facts determine the relevance of any legal points made later. |
| Fact organisation | Draw a quick diagram to explain the facts and the parties. |
| Fact acceptance | Accept as true those facts that are given. |
| Fact assumption | Do not assume facts that are not given. |
| Fact alteration | Do not ponder on what the position would have been if the facts had been different unless specifically requested. |
| Fact application | Let the facts guide you in identifying the relevant legal issues. |
| Introduction | Keep it brief. Avoid general statements about contract law. |
| Advising | Imagine the person you are advising is sitting in front of you and paying for your advice. Focus on what they want to know. |
| Conclusion | Summarise the outcomes for the advised party. |
| Legal position | If unclear, explain the nature of the uncertainty and suggestions on how it might be resolved, including your own view of the most likely approach to be taken by a court. |
| Legal issues | Set out the basic legal issues that arise in relation to the problem. |
| Legal knowledge | Familiarise yourself with the relevant area of law before answering. |
| Legal points | Use authority in relation to each of the points made. |
| Legal structure | Use the IRAC structure (Issue, Rule, Analysis, Conclusion). |
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What You'll Learn
Identify the legal issue
When answering a contract law problem, it is important to identify the legal issue at hand. This involves carefully reading and understanding the facts of the case, as they will determine the relevance of any legal points made. It is crucial to avoid making assumptions about facts that are not given and to focus on the specific issue raised, rather than starting with general statements about contract law.
To identify the legal issue, consider the following:
- Is there a valid and enforceable contract between the parties? This includes considering elements such as agreement, consideration, intention, formalities, and capacity.
- What are the terms of the contract? This includes examining the representations, exclusions, and any other relevant provisions.
- Have there been any breaches of the contract?
- Were there any vitiating factors, such as misrepresentation, mistake, duress, undue influence, illegality, or unconscionable conduct?
- What are the possible remedies for any issues identified? This could include damages, specific performance, injunctions, rescission, rectification, or termination.
For example, in a contract law problem involving a dispute between Alan and Barbara, the legal issue may be whether Barbara has made a contract with Alan for the sale of goods. The facts of the case, such as the offer, acceptance, and any relevant communications, will guide the identification of the legal issue.
It is important to note that there may not always be a clear-cut answer in legal problem questions, as uncertainties in applying the law or insufficient factual information can make it challenging to reach a firm conclusion. However, by carefully considering the facts and the relevant legal principles, you can identify the legal issue and provide a well-reasoned analysis.
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Understand the facts
Understanding the facts is a crucial step in answering a contract law problem. Here are some detailed guidelines to help you through this process:
Read Carefully and Understand the Facts
Read the problem multiple times and refrain from skimming. It is essential to have a precise understanding of the facts presented. Remember, these facts will determine the relevance of your legal points later in your analysis. If it helps, create a diagram to explain the facts and identify the parties involved. Accept the facts as they are given, regardless of how unlikely they may seem. Do not assume or ponder facts that are not explicitly stated unless the question specifically asks you to consider alternative scenarios.
Identify the Legal Issues
Let the facts guide you in identifying the relevant legal issues. Consider what the person(s) in the scenario want to know. For example, they may want to know if a binding contract exists and what the consequences are. Set out the basic legal issues that arise in relation to the specific problem.
Familiarize Yourself with Relevant Law
Before attempting to answer, ensure you are familiar with the relevant area of law. Understand the principles, rules, and authorities related to the issue. This step is crucial, as it will help you identify and address all relevant issues and avoid missing important aspects.
Apply the Law to the Facts
Once you have a clear understanding of the facts and the relevant law, it's time to apply the law to the facts of the problem. This is where you will analyse how the law applies to the specific scenario and identify any legal issues that may arise. Remember to use authority for each of the points you make, and always provide the whole legal position for each issue raised.
Avoid Unnecessary Statements
When discussing the facts and the legal issues, avoid making simple and obvious statements that add nothing to your answer. There is no need to repeat the facts of the problem unless they are relevant to identifying the legal issues or your application. Keep your introduction brief and focused, avoiding general statements about contract law.
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Apply the law
When answering a contract law problem, it is important to first identify the relevant legal issues and then apply the law to the specific facts of the problem. Here is a step-by-step guide to help you apply the law effectively:
Understand the Facts
Begin by reading the problem carefully and multiple times. It is crucial to have a precise understanding of the facts presented, as they will determine the relevance of your legal points. Fact identification and organisation are important skills in legal reasoning. You can also draw diagrams to help explain the facts and the parties involved. Accept the given facts as true, even if they seem unlikely, and refrain from assuming or pondering hypothetical scenarios unless specifically instructed to do so.
Identify the Legal Issues
Let the facts guide you in identifying the relevant legal issues. Consider what the person(s) in the problem want to know. For example, they may want to know if a binding contract exists and what the consequences are. Set out the basic legal issues that arise in relation to the problem, such as the elements of a valid contract, including offer and acceptance, consideration, and intention.
This is where you use your knowledge of contract law principles and rules to address the legal issues identified. Refer to relevant case law and statutory provisions to support your analysis. For instance, refer to cases such as *Partridge v. Crittenden*, which addressed advertisements as invitations to treat, or *Stevenson v. McLean*, which clarified that a request for information does not constitute a counter-offer. Apply the legal principles decided in these cases to the specific facts of your problem. Remember to avoid simply stating a case name and leaving it at that; instead, use the principle to analyse the scenario and then cite the case to back up your argument.
When applying the law, consider any uncertainties or unclear legal positions. Explain the nature of the uncertainty and suggest possible resolutions, including your view on how a court would likely approach the issue. Argue by analogy and policy, but be careful not to ignore the law and provide an answer based purely on policy ("layman's law"), as this should be avoided.
Analyse the Contract
If a contract exists in the problem, examine its terms, representations, and exclusion clauses. Determine if there have been any breaches of the contract and consider any vitiating factors, such as misrepresentation, mistake, duress, or illegality. These factors will help shape your legal analysis and the potential remedies available to the parties.
Provide a Conclusion
Finally, summarise your findings and conclusions. If there are multiple possible outcomes, present them all. You can also conclude by summarising the outcomes for the parties, especially if you have not already done so in your application for each issue. Keep your conclusion concise and focused on the legal issues and their implications.
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Analyse case law
Analysing case law is an important skill for law students and legal practitioners. Here are some tips to help you analyse case law effectively:
Understand the Facts
Start by reading the case law carefully and multiple times. It is crucial to have a precise understanding of the facts presented in the case. Facts are essential because they determine the relevance of the legal points you will make in your analysis. Identify the key facts and organise them logically. If it helps, create diagrams or outlines to structure the information. Accept the facts as true, even if they seem unlikely or unrealistic. Refrain from assuming or inventing additional facts that are not explicitly stated in the case law.
Identify Legal Principles
Identify the legal principles, statutes, case law, and legal doctrines that underpin the case. Understand the legal concepts and theories relevant to the specific case law you are analysing. This step is crucial as it provides the foundation for your legal analysis and interpretation.
Evaluate Evidence
Compile and evaluate both oral and written evidence presented in the case law. This includes witness statements, documents, expert reports, and other relevant materials. Consider the strength and credibility of the evidence and how it relates to the facts and legal principles of the case. Remember that case analysis is an iterative process, so be prepared to revisit and revise your analysis as new information or evidence emerges.
Develop a Case Theory
A case theory provides a narrative or unifying concept that gives meaning to the facts and evidence. Emphasise coherence and simplicity in your case theory, ensuring it resonates with common sense and aligns with the fact-finder's perspective. Think about how you can present the case in a clear and persuasive manner, supporting your arguments with relevant evidence.
Craft a Case Strategy
While analysing case law, also consider the practical implementation of your case theory. This involves preparing a case strategy that includes legal advice, advocacy, and court representation. Develop a strategic plan to achieve the desired outcome, considering factors such as preparation, organisation, and advocacy techniques.
Remember that analysing case law is a complex and iterative process. It requires a strong understanding of legal principles, critical thinking skills, and the ability to apply theoretical knowledge to practical scenarios. By following these steps and continuously refining your analysis, you will be well on your way to effectively analysing case law and developing valuable legal insights.
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Conclude with advice
The conclusion should be brief and should not repeat what has already been set out in previous sections. It is important to summarise the outcomes for the parties you were asked to advise, but only if you have not already done so in the application for each issue. You can also conclude with a statement of the wider picture, considering all the issues together.
If the legal position is unclear, explain the nature of the uncertainty and suggest ways it could be resolved, including your own view of the most likely approach to be taken by a court. However, do not base your answer solely on policy, ignoring the law. This is known as "layman's law" and should be avoided.
When concluding, do not make simple and obvious statements that add nothing. For example, "This problem involves difficult issues of fact and law" or "This is a problem concerning contract law".
Finally, when using the IRAC structure (Issue, Rule, Analysis, Conclusion), remember to apply the case law. Do not just state a case and leave it there; use the principle to analyse the scenario and then cite the case.
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Frequently asked questions
You need a beginning, middle, and end—an introduction, the substance of your answer, and a conclusion. Start by briefly outlining the basic legal issues arising from the problem. Then, work logically through the problem, dealing with each issue in turn. Finally, conclude by summarising the outcomes for the parties you were asked to advise.
Avoid making obvious statements about contract law in your introduction. Do not assume facts that are not given or ponder how the position would have changed if the facts were different, unless you are specifically asked to do so.
IRAC stands for Issue, Rule, Analysis, Conclusion. When using this structure, remember to apply the case law and not just state it. Use the principle to analyse the scenario, then cite the case.
Read the problem carefully several times to understand the facts, as they determine the relevance of any legal points you make. If it helps, draw a diagram to explain the facts and the parties. Then, let the facts guide you in identifying the relevant legal issues.
Imagine that the person is sitting in front of you and paying you for your advice. This will help you focus on what they want to know and only explain, apply, and assess the law relevant to answering their question.
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