Answering problem questions is a fundamental skill for any law student in the United Kingdom. Unlike essay questions, which test your knowledge of the law in the abstract, problem questions require you to apply legal principles to a specific factual scenario. Mastering this skill is crucial for success in law school exams, the SQE, and ultimately, in legal practice. This guide will provide a structured, step-by-step approach to deconstructing and answering any law problem question effectively.
💡 Key Takeaway
The key to a high-grade problem question answer is a methodical approach. You must identify the specific legal issues raised by the facts, state the relevant law accurately with authority, apply that law to the facts of the problem, and reach a logical conclusion. The IRAC (Issue, Rule, Application, Conclusion) method is a powerful framework for achieving this.
Step 1: Deconstruct the Question
Before you write a single word, you must thoroughly understand the scenario. Read the problem question at least twice. The first time, get a general sense of the story. The second time, read it actively, highlighting key facts, names, dates, and the specific instructions at the end of the question. Often, the final sentence will tell you exactly who to advise or what specific issue to focus on.
Step 2: Identify the Legal Issues
This is the most critical stage. What area of law is involved (e.g., contract, tort, crime)? Within that area, what specific topics are being tested? For example, in a contract law problem, the issues might be offer, acceptance, consideration, and intention to create legal relations. Create a quick list of the issues you spot. Each issue will form a separate section of your answer.
As Lord Denning stated in Storer v Manchester City Council [1974] 1 WLR 1403, "In contracts, you do not look into the actual intent in a man's mind. You look at what he said and did." This objective approach is vital when identifying issues from the facts provided.
Step 3: State the Relevant Law (Rule)
For each issue you have identified, you must state the relevant legal rules. This means citing the key cases and statutes that govern that area of law. Do not just list cases. Explain the principle each case establishes. For statutes, refer to the specific sections. For example, when discussing misrepresentation, you would need to reference the Misrepresentation Act 1967.
Citing Authority
Your answer must be grounded in authority. For example, when discussing the duty of care in negligence, it is essential to cite the landmark case of Donoghue v Stevenson [1932] AC 562. For the test for dishonesty in criminal law, you would refer to Ivey v Genting Casinos (UK) Ltd [2017] UKSC 67.
📝 Exam Tip
Create a "case bank" for each subject, summarising the key facts, legal principle, and significance of the most important cases. This will make it much easier to recall the correct authorities under exam pressure. Quality of citation is better than quantity; use the most relevant cases for the point you are making.
Step 4: Apply the Law to the Facts (Application)
This is where students often lose the most marks. It is not enough to state the law; you must apply it to the specific facts of the problem question. Use the facts as evidence to support your legal arguments. For example, instead of just saying "An offer must be communicated," say "In this case, David wrote the offer on a piece of paper but left it on his desk. Since the offer was never communicated to Sarah, as established in R v Clarke (1927) 40 CLR 227, no valid offer was made."
Comparing Application Styles
| Weak Application | Strong Application |
|---|---|
| "The postal rule from Adams v Lindsell applies here." | "Because Jane posted her acceptance letter, the postal rule from Adams v Lindsell (1818) 1 B & Ald 681 likely applies, meaning the contract was formed the moment she posted it, not when it was received." |
| "There might be causation issues." | "The court will apply the 'but for' test from Barnett v Chelsea & Kensington Hospital [1969] 1 QB 428. 'But for' the defendant's negligent act, would the claimant have suffered the loss? Here, the facts state..." |
Step 5: Reach a Conclusion
For each issue, you should provide a mini-conclusion. After discussing all the issues, you must write an overall conclusion that answers the specific question asked. For example, "In conclusion, it is likely that a court would find a binding contract was formed between X and Y. X is advised that they are entitled to sue for breach of contract." Be decisive where possible, but if the law is unclear or the facts are ambiguous, it is good practice to acknowledge this and explain the different possible outcomes.
⚠️ Common Mistake
A common mistake is to write a descriptive essay about the law instead of applying it. Avoid long, abstract introductions about the history of an area of law. Get straight to the first issue. The examiner wants to see you use the law as a tool to solve the problem, not just describe the tool.
Worked Example: Occupiers' Liability
Consider a scenario where a visitor is injured at a supermarket. The issue is whether the supermarket, as an occupier, breached its duty of care to the visitor. You would state the law under the Occupiers' Liability Act 1957, specifically the duty in section 2(2) to take reasonable care. You would then apply this by considering the facts: Was the floor wet? Was there a warning sign? Citing a case like Laverton v Kiapasha (t/a Takeaway Supreme) [2002] EWCA Civ 1656 would be crucial to analyse whether the supermarket took reasonable steps.
Frequently Asked Questions (FAQ)
How long should my answer be?
Focus on quality, not quantity. A well-structured, well-argued answer that covers all the key issues will score more highly than a long, waffling one. Use your time to address each part of the IRAC framework for each issue.
What if I don't know the answer?
Don't panic. State the law that you do know and try to apply it logically. Acknowledge the uncertainty. A reasoned attempt is better than writing nothing. For example, you could say, "The legal position on this point is not entirely clear, however, based on the reasoning in Carlill v Carbolic Smoke Ball Co [1893] 1 QB 256..."
Do I need to use IRAC for every problem question?
IRAC is a framework, not a straitjacket. For some complex problems with multiple parties, you might structure your answer by party rather than by issue. However, within each party's section, you will still be implicitly following the IRAC logic: what is their issue, what law applies, how does it apply to them, and what is the conclusion for them?
How should I manage my time in an exam?
Allocate your time based on the marks available for each question. Spend the first 5-10 minutes of each question planning your answer. A good plan will save you time and ensure your answer is logical and covers all the key points.