Approach to answering problem-

based questions in law

Dr. Charles Nicholson

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● These simple rules are supposed to guide you on
how to approach problem based questions in
law.

● They usually set down facts. The questions that

follow the problem may require you to discuss the
problem, or to consider the liability of person/s named
in the problem and/or to advise the person/s
accordingly of his/her/their rights, obligations,
liabilities and remedies.

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● The questions test your knowledge of the law and
your application of the law to the facts with the aim of
resolving issues that you have identified in these facts.

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 The general approach is to:-

● identify the issue/s from a careful study of the facts;

● set down clearly the relevant laws, which may be

statutory law and/or case-law and look at the exceptions,
if any, to the general rule;

● apply the law to the facts and issues;

● arrive at a conclusion or if required, provide your

concluding advise.
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1. Read the facts carefully. Read it over again. Make sure
that you have clearly understood the facts.

2. Identify the issues raised by the facts that require your

attention. Narrow down these issues to the particular
area of the law that the examiner wants you to address
and resolve. Avoid putting the issues too broadly.

 Formulate questions concerning these issues.

For example:-
● Whether there has been a valid proposal made by Ali
(proposer/offeror) to Kim (acceptor/offeree) or was it
merely an invitation to treat. – See if ITT is relevant
here as an issue. If it is not, then skip this part. 5
● Whether there been a valid acceptance of this
proposal by Kim.
● Whether there has been a valid revocation of the
proposal made by Ali to Kim.
● If Kim had attempted to revoke her acceptance, then,
whether has there been a valid revocation of her
acceptance.
● Whether there exist a valid contract that is binding
and enforceable as against the parties.
● Consider the defences, if any, that may be available to
the defaulting party i.e. the party who has breached
the contract.
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3. Select the law which is relevant to the issues that you
have identified. Then proceed to explain the law. The
law that you rely on is the source of your authority viz.
statutes and case-law.
For e.g. Section 2(a) of the Contracts Act 1950 defines
proposal as … and/or the case of Pharmaceutical
Society of Great Britain v. Boots Cash Chemist
[1953]… provide the full citation … has laid down the
legal principle that goods displayed on the shelves for
sale at supermarkets are merely an invitation to treat
and not offers to sell…briefly explain the facts of the
case to show how the principle was enunciated. Cite
and briefly discuss another case where the same
principle was applied.
As you write, link the law to the facts, issues and the
parties. 7
● Avoid simply reproducing all the law on the topic
without making any attempt to explain and apply.
● Define proposal. Examine the particular rules on
proposals. State the relevant sections from the CA.
When is communication of a proposal complete? Are
there any case-laws that could be used to further explain
and clarify the meaning provided by the sections in the
Act.
● Is it different from an ITT? – depends on its relevance.
● Look at acceptance. What are the rules governing
acceptance. Are there any exceptions?
Does the postal rule apply? When would it apply? State
the relevant laws applicable to postal rules – Quote the
relevant sections in the CA and discuss the case-laws to
show how these sections were applied by the judges. 8
● Examine the law on revocation of: i) proposal
ii) acceptance.

4. Now that you have identified the issues and had

explained the relevant laws pertaining to these issues,
your next step would be to apply the laws to the
material facts with the object of resolving the issues.

● Take one issue at a time.

● Have you been successful in applying the law to
resolve the issues?

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5. Finally, provide your concluding advice to the parties.
 Read the question again. You will probably be asked to
advise one or more of the parties, or to discuss the legal
issues which arise from the facts.

● Once you have identified the issues, selected, explained

and applied the relevant laws, it will be obvious what
your advise will be. But you should, nevertheless,
conclude with a short paragraph containing your advise.

● What the parties would like to know is, whether they

have a valid contract as between themselves which is
binding and enforceable in a court of law.
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● And if there has been a breach of contract, consider the
remedies that are available to the innocent/non-
defaulting party.

● Who are you supposed to advise? For e.g. if it is Kim

then it should be: Kim is advised that she has a valid
contract with Ali for the purchase of the house … etc.
Or that, she is advised that the revocation of Ali’s
proposal sent on … is valid and that Kim’s purported
acceptance made on … is therefore ineffective. A
contract has not come into existence.

● Avoid restating or rephrasing the facts!

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