How to Approach a Legal Problem Question (PQ) Flashcards
What are the two main sources of English Law
Legislation passed by parliament (statutory law)
Law created and developed by the courts (common law/case-law)
Case law examples
Adams v Lindsell
Legal principle: An acceptance by post take effect when it is ______ rather than when it is ________________
Felthouse v Bindley
Legal principle: silence cannot amount to _____________. A __________ act is required for acceptance to be ___________.
Adams v Lindsell
Legal principle: An acceptance by post take effect when it is posted rather than when it is communicated
Felthouse v Bindley
Legal principle: silence cannot amount to acceptance. A positive act is required for acceptance to be effective.
System of judicial precedent
Lower courts need to _________ the ________ of ________ _______
Higher courts can ________ or _______ the ________ of ________ ________
Lower courts need to follow the decisions of higher courts
Higher courts can reverse or overrule the decisions of lower courts
How do address a problem question (PQ)?
4 steps?
What method do we use?
A good answer requires:
- An identification of the key issues raised by the given facts;
- A clear explanation of the relevant points of law;
- An application of the relevant law to the given facts;
- An indication of the likely outcome.
(Also known as the IRAC method – standing for Issue, Rule, Application (or Analysis), Conclusion)
How to address a PQ – Example (2)
On Monday Ben writes to Ann. “You can have my car for £10,000. If you want it, email me by the end of the working day on Friday”. On Tuesday Ben sells his car to Martha. On Wednesday, Ann learns of the sale from Jennifer a friend of Martha’s. Ann then sends immediately an email to Ben to tell him, he accepts the offer. Advise Ann.
[Issue] Is there a valid agreement? (Analysis in terms of offer + acceptance)
[Relevant law] An offer may be __________at any time before it is __________(Routledge v Grant). However, the _________of an offer must be ___________to the offeree (Byrne v Tienhoven). Even by a reliable third party (Dickinson v Dodds).
[Apply the law to the facts of the case/Analysis] Here, Ben makes an offer to Ann which is open until the end of Friday. Ann replies to the offer on Wednesday by accepting it. The question is, therefore, if the offer has been effectively revoked or not. For an offer to be revoked it must be communicated to the offeree (Routledge v Grant). The communication of the revocation can be made by the offeror, which is not the case here, but also by a reliable third party (Dickinson v Dodds). This may be the case since Ann learned from Jennifer before communicating her acceptance that Ben had already sold the car.
[Conclusion] If Jennifer is a reliable third-party then the revocation is effective. If Jennifer is not a reliable third party, then there is no revocation and Ann may be ___________ to _________
On Monday Ben writes to Ann. “You can have my car for £10,000. If you want it, email me by the end of the working day on Friday”. On Tuesday Ben sells his car to Martha. On Wednesday, Ann learns of the sale from Jennifer a friend of Martha’s. Ann then sends immediately an email to Ben to tell him, he accepts the offer. Advise Ann.
[Issue] Is there a valid agreement? (Analysis in terms of offer + acceptance)
[Relevant law] An offer may be withdrawn at any time before it is accepted (Routledge v Grant). However, the revocation of an offer must be communicated to the offeree (Byrne v Tienhoven). Even by a reliable third party (Dickinson v Dodds).
[Apply the law to the facts of the case/Analysis] Here, Ben makes an offer to Ann which is open until the end of Friday. Ann replies to the offer on Wednesday by accepting it. The question is, therefore, if the offer has been effectively revoked or not. For an offer to be revoked it must be communicated to the offeree (Routledge v Grant). The communication of the revocation can be made by the offeror, which is not the case here, but also by a reliable third party (Dickinson v Dodds). This may be the case since Ann learned from Jennifer before communicating her acceptance that Ben had already sold the car.
[Conclusion] If Jennifer is a reliable third-party then the revocation is effective. If Jennifer is not a reliable third party, then there is no revocation and Ann may be entitled to damages
How to address a PQ – Example (3)
On Tuesday Gemma sends an email to Jasmine offering to sell her signed by J.K. Rowling Harry Potter book at a knock price of £200 for a quick sale. Jasmine sends a letter back the same day accepting the offer. On Friday, before Jasmine’s letter arrives, Gemma agrees to sell the book to Jane.Advise Gemma.
Gemma has made an _________ offer to Jasmine which she has not ________. The question is, therefore, if Jasmine’s acceptance is __________. The general rule is that acceptance takes effect when communicated (Entores Ltd v Miles Far East Corporation). However, the exception to this is the postal rule (Adams v Lindsell).
The postal rule provides that when an acceptance letter is sent through the post, it is effective when posted rather than when communicated. On the facts of our case, it seems that Jasmine has effectively accepted the offer by post. There is no indication that Gemma specified a method of acceptance that could have negated the application of the postal rule (Holwell Securities v. Hughes). Hence, it is likely that by selling the book to Jane, Gemma is in breach of contract, and she might need to pay damages to Jasmine.
On Tuesday Gemma sends an email to Jasmine offering to sell her signed by J.K. Rowling Harry Potter book at a knock price of £200 for a quick sale. Jasmine sends a letter back the same day accepting the offer. On Friday, before Jasmine’s letter arrives, Gemma agrees to sell the book to Jane.Advise Gemma.
Gemma has made an effective offer to Jasmine which she has not revoked. The question is, therefore, if Jasmine’s acceptance is effective. The general rule is that acceptance takes effect when communicated (Entores Ltd v Miles Far East Corporation). However, the exception to this is the postal rule (Adams v Lindsell).
The postal rule provides that when an acceptance letter is sent through the post, it is effective when posted rather than when communicated. On the facts of our case, it seems that Jasmine has effectively accepted the offer by post. There is no indication that Gemma specified a method of acceptance that could have negated the application of the postal rule (Holwell Securities v. Hughes). Hence, it is likely that by selling the book to Jane, Gemma is in breach of contract, and she might need to pay damages to Jasmine.
How to approach a PQ - The Do’s
- Read the question carefully (do not skim read)
- Identify the key issues raised by the given facts;
- Apply the relevant law to the given facts;
- Provide a clear and legible answer;
- Be specific: e.g. ‘George might be liable to pay damages because a contract has been formed between him and Anna and George has breached the contract…’;
- Provide a reasoned conclusion.
- Think yourself as a lawyer or professional adviser.
Be neutral, do not take sides. Explain what the legal position is to the party you are asked to advise
How to approach a PQ - The Dont’s
- Repeating huge chunks of the question with no law in the middle of the repetition
- Avoid formulation such as “I believe…” or “I feel…”
- No need to rehearse the facts of the question at the start of your answer
- Never do this: ‘Dr Christidis said in the lecture that X was the law”
- Or this: “In order for a misrepresentation to be actionable the statement must be false…(Jones, p.170)”
- If you do not know the law, do not try to write a huge chunk of irrelevant things just in case you make something up
- Do not give the facts of the case-law in detail – you do not need them.
