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This is known as "layman's law" and must be avoided at all costs since it is likely to lead to a fail answer. Apply the law to the facts Assess what the likely decision would be on this issue.Note that there is often no right answer in legal problem questions because examiners often use issues where there are This is a feature in almost every problem question.[Back to top] The formula: FACTS - LEGAL ISSUE - LAW - APPLY • Appreciate the legal issues raised.
If there is more than one issue and/or if advising more than one party, you will need to deal with each separately. Deal with one issue at a time Avoid "jumping around" between issues and mixing discussion on different issues.
Do not move on to a further issue until you have said all that is required to be said about the first identified issue. Discuss the law relevant to the issue State the law in the context of the issue raised by the facts.
Such introductions do not answer the question set; they are unrelated to the specific issue raised.
In particular, you should avoid beginning your answer with a general summary of the law of contract For example: "In order to have a binding contract there must be an offer and an acceptance.
For example, they may wish to know whether there is a binding contract and the consequences of this.
(d) Do not assume facts which are not given and do not ponder on what the position would have been if the facts had been different - unless specifically requested to do so by the question itself, e.g. what is it that the person(s) in question wishes to know?
In other words, they can be usefully incorporated as part of your discussion of the legal issue and application.
What you need to avoid is an answer that stops and starts by returning to the facts in a manner that affects the flow of your answer.
• Balance - In terms of your application and treatment of different issues, e.g.
avoid spending too much time discussing one issue which is fairly non-contentious, especially where this is done to the exclusion of other more significant issues.