Exam Revision
The examination is in two parts (Part A and Part B). ALL QUESTIONS MUST BE
ANSWERED
PART A
Detail on PART A
Part A will cover a legal problem question worth 30 marks, and students will be required to
apply the legal problem-solving method (IRAC method) in their answer.
The PART A problem question will focus on assessing legal principles covered in a single
topic, following a similar structure as the problem questions covered in the Workshop
Activities. To prepare for this section of the exam, we recommend reviewing the problem
questions included in the Workshop Activity questions in the Learning Guide from Workshop
Activity 4 to 10. These questions will help familiarize you with the types of problems that
may appear on the exam.
Example Part A Question
Answer THE question below
Question 1
Timothy is looking to purchase a new printing machine, which will be able to output more
than 10,000 sheets of paper per day. He contacts PrintWorks, the largest manufacturer of
printing machinery to seek their advice. The sales representative suggests the Jumbo
machine, which she says, would be able to output 20,000 sheets per day. Timothy secures
several large printing jobs, which require him to be able to print between 14,000 and 16,000
pages per day. Once it is in use, the Jumbo machine is barely able to print 10,000 pages per
day. Timothy contacts PrintWorks to obtain a refund. PrintWorks deny any liability and point
to their manufacturer policy statement, which makes no assurance as to printing capacity.
Can Timothy hold the manufacturer to the verbal statement of the sales representative?
To address this question, your answer should employ the legal problem solving (IRAC)
method, which involves identifying the issue, outlining the relevant law, applying the facts,
and reaching a conclusion. [30 Marks]
(Note: The above question is extracted from Workshop Activity 6 and is presented as an
illustration of the format and structure of a typical problem question found on an exam. To
adequately prepare for the exams, students should incorporate problem questions from
Workshop Activity 4 to 10 into their revision routine.)
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PART B
Detail on PART B
Part B will consist of five short answer problem scenario questions, with each question worth
4 marks. In your response, please provide a concise answer that includes the relevant legal
principle applicable to the scenario. Students responding to the questions can receive a mark
ranging from 0.5 to 4 marks, depending on the quality of their answer. To receive maximum
marks, it is important to support your answer with a specific case or statute that correctly
aligns with the summary provided.
Example Part B Questions
Short answer questions
Question 2 [4 Marks]
At 7 a.m., Sarah received an email offer from her friend David to sell his motorcycle to Sarah
for $8,500. The offer clearly stated that David required a response from Sarah no later than
5 p.m. on the same day, otherwise, David would sell the motorcycle to someone else.
Instead of using the internet, Sarah chose to respond by sending a physical letter of
acceptance, which she promptly addressed and posted at the local post office at 11 a.m. on
the same day. However, David only received the letter two days later, by which time he had
already sold the motorcycle to another party. Sarah intends to take legal action against
David for breaching the contract. Is there a breach of any existing contract between the
parties?
Question 3 [4 Marks]
Craig sends Francis a text message asking “I have heard that you own a vintage 1950 Aston
Martin and I’m looking to add such a car to my collection. As such do you want to sell me
the car and for how much would you sell it?”
A few days later Francis responds via text stating “Lowest cash price for the vintage 1950
Aston Martin would be $250,000.”
The following day Craig responds by stating, “That’s excellent news. I accept your offer.
Please prepare the car, I’ll be coming to collect it in the next 7 days.”
Francis does not want to sell his vintage Aston Martin to Craig and seeks your advice. Is
Francis legally obligated to sell his car?
Example Part B Sample Answers
These sample answers are provided as exemplars to demonstrate how students should
approach and respond to the short answer questions.
Question 2: Sample Answer
There is no existing contract for the sale of the motorcycle between Sarah and David.
David's offer to Sarah explicitly stated that he required a response upon actual receipt
of communication, which he sent via email as an instant form of communication. In cases
like this, where actual communication is necessary and instant communication is used,
the postal acceptance rule noted in Adam v Lindsell (1818) does not apply. Consequently,
Sarah's acceptance of the offer would not be legally binding since she did not follow to
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the stipulated conditions. According to this interpretation, Sarah's acceptance would be
considered to have taken place two days after the offer had expired, rather than on the
day she posted the letter.
Question 3: Sample Answer
Francis is not under any legal obligation to sell his car to Craig because there is no
contract in place for the sale of the Vintage Aston Martin. Craig's initial text, inquiring
about Francis's interest in selling the car and the potential terms of the sale, was simply
a request for information. Therefore, when Francis responded with the lowest cash price
of $250,000, he was merely providing Craig with information or responding to the
inquiry and not making a firm offer to sell the car. Based on the precedent set in Harvey
v Facey [1893], it can be concluded that there is no binding agreement for the sale of
the car, as Craig did not receive an offer from Francis that he could accept.
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