Problem questions are the bread and butter of UK law exams. They present a factual scenario and ask you to advise one or more parties.
Step 1: Read the Facts Carefully
Read the scenario at least twice. Every fact is there for a reason — if the examiner mentions that a contract was signed "over the telephone," that detail is legally significant.
Step 2: Identify All the Issues
Work through the facts chronologically and list every potential legal issue. Problem questions typically contain three to five distinct issues. Missing an issue means missing marks.
Step 3: Apply IRAC to Each Issue
For each issue, state the rule (citing the leading case or statute), apply it to the specific facts, and reach a conclusion. Be specific: say "Applying the test in Caparo v Dickman, the court would likely find that a duty of care exists because...".
Step 4: Consider Alternative Arguments
Where the law is uncertain, present both sides. For example: "If the court follows Williams v Roffey Bros, the promise would be enforceable. However, if Foakes v Beer is applied strictly, the position is different."
Step 5: Reach a Definitive Conclusion
Unlike essay questions, problem questions require you to advise the parties. State your conclusion clearly: "On balance, Alice would likely succeed in her claim for breach of contract."
Time Management
Allocate time proportionally to the marks available for each issue. Do not write three pages on the first issue and one paragraph on the remaining four.