Guide to Answering Problem Questions

Good Morning!

I hope you're thriving in your studies! I recently received a message from one of our readers eager to delve deeper into the art of answering first-class problem questions, along with a request for an exemplary problem question as a reference.

To address this, I've meticulously curated a comprehensive post that delves into invaluable strategies aimed at elevating your problem question-answering skills to a first-class level. This guide is tailored to empower you in conquering the intricacies of problem question composition and achieving top-notch results.

STUDY
Guide to Answering Problem Questions

In addressing problem-style questions effectively, a strategic approach is essential. This involves a careful analysis of the presented facts, a clear understanding of the question's focus, and a structured response. Planning is a critical step to ensure coherence and completeness in your answer. One helpful framework for this is the I-R-A-C method, which stands for Issue, Rules, Application, and Conclusions.

Issue(s):

Begin by identifying the factual issues and approaching the scenario from the perspective of the individual seeking advice. Be concise in presenting the scenario without providing an unnecessary summary of the entire case. Recognize the legal issues that the given facts raise, keeping in mind that a single scenario might give rise to multiple issues.

Rules (and/or Principles):

Once the issues are identified, it is time to delve into the relevant rules of law. This involves explaining the legal principles connected to the identified issues. Break down the conditions for legal enforceability, considering aspects such as offer, acceptance, consideration, and intention to create legal obligations. Acknowledge that the law is inherently ambiguous and uncertain. Address uncertainties by exploring alternative interpretations, making sure to support your reasoning with references to relevant cases and academic commentary.

Application:

The application stage requires combining the explanation of a rule (as per the earlier section on rules and principles) with its application to the specific facts presented in the problem scenario. This step is crucial for discovering potential ambiguities or gaps in the law. When faced with uncertainty, engage your reasoning skills and consider possible solutions, supported by references to relevant cases and academic literature. A good answer should not shy away from identifying and discussing alternatives.

Conclusions:

As you work through each issue, alternating between stating the law and applying it to the facts, you need to arrive at coherent conclusions. It is important to recognize that there may not be a singular right answer; different outcomes are possible. Base your conclusions on relevant case law, but remain open to alternative interpretations. A well-rounded answer should acknowledge the complexity and uncertainties within the legal framework.

Guidelines for Preparation:

In preparing for such questions, start with primary authority, which includes legislation and cases. Ensure that all points of law are supported by appropriate primary authority and not solely by textbooks or journal articles. Consider the purpose of the cases you reference—whether they interpret a statute, lay down a legal principle, or serve as an illustration. Use journal articles and textbooks judiciously, particularly in areas where the law is ambiguous or subject to differing views.

Conclusion and Reminder:

By following these guidelines, dealing with problem questions becomes more manageable. Remember to start with primary authority, understand the purpose of the cases you reference, and use additional sources where ambiguity or criticism exists. This approach, combined with thoughtful analysis and reasoning, enhances your ability to tackle complex legal scenarios effectively.

STUDY
Example Problem Question

Problem Question

In December 2020, Chef Rich, a renowned chef, agreed to rent a restaurant space in the Jewellery Quarter from Brum Restaurant Spaces Ltd. The tenancy agreement was to last for 24 months, commencing on 1 January 2021, and involved payment of £4,000 rent at the start of each month.

Due to the cost-of-living crisis, Chef Rich started facing financial difficulties and by the end of April 2021 he had accumulated rent arrears amounting to £12,000. The sole director of Brum Restaurant Spaces called Chef Rich who explained to her his dire financial situation. Brum Restaurant Spaces agreed to waive payment of the rent for February, March, and April. Brum Restaurant Spaces also agreed to accept payment of half-rent (£2,000) for the following months. Although under the agreement Brum Restaurant Spaces would receive less than initially agreed, they considered the agreement a ‘good deal’. They had previously read in the Birmingham Mail that Chef Rich’s restaurant business was on the verge of insolvency, and considering the cost-of-living crisis they were afraid that they would not find other tenants.

Chef Rich had a lot of free time, but very little income. He therefore decided to launch ‘Chef Rich at Home’, a selection of high-quality freezable dishes deliverable at home. He entered into negotiations with Norah, who could supply him with food boxes suitable for deliveries. Norah emailed Chef Rich and informed him that she was willing to sell him 500 food boxes for a total price of £1,500. On 15 July 2021, Chef Rich posted a letter to Norah to notify her that he accepted this offer. The letter was correctly addressed but it was delayed in the mail and it was not delivered until 1 August. On the same day before (1 August, 10am), Norah emailed Chef Rich saying: ‘I have to revoke my offer. Would you accept a total price of £2,000?’. The email landed in Chef Rich’s junk email folder, and he did not read it until 2 August. Given the high number of delivery orders he had received and a shortage of food boxes in the market, Chef Rich then phoned Norah and happily agreed to buy the boxes for £2,000.

In October 2021, ‘Chef Rich at Home’ started becoming a huge success, Chef Rich’s earnings increased and he even won an award for the ‘Entrepreneurial Chef of 2021’ worth £30,000. On 20 December 2021, after hearing of Chef Rich’s good fortune, the director of Brum Restaurant Spaces called him again. She is now demanding that he should pay the initially agreed rent of £4,000 per month with immediate effect. She is also demanding that Chef Rich should pay £12,000 to cover the monthly rents which were never paid and £16,000 to cover the eight months half-rents which were never paid. Chef Rich, however, thinks that he doesn’t owe Brum Restaurant Spaces anything and that his monthly rent should remain £2,000 as agreed in April 2021.

Advise Chef Rich on his contractual issues with Norah and Brum Restaurant Spaces Ltd.

Sample Answer

Mark: 72 = 1st

Feedback

This is a very good assignment – the statements of law are generally clear and accurate, and you have done well in applying the rules to the facts given; you provide a clear statement of the authorities. Your analysis of factual insecurities underpinning the issue of revocation is excellent; you also have been successful in outlining different answers depending on the issue of revocation. Similarly, the analysis of promissory estoppel and its application to the facts is clear, accurate, and supported by case law.

Got 15 seconds? Please share your feedback by replying to this email. Tell us what you like and how we can make VERDICT better.