Problem Solving Techniques
& Past Exams
31 May 2015
Diploma in Law
Purpose
 The purpose of this seminar to show you problem solving
techniques and how to apply those techniques to past exam
problem questions.
Agenda
1. Organization key dates
2. IRAC
3. Assignment and exam technique
4. Structuring answers to problem questions
5. Sample mark allocation
6. Problem question number 1
7. Problem question number 2
8. Questions
1. Organization – Key Dates
Legal Institutions
Ist LI Assignment is due at 11.59pm on Sunday 14 June 2015
 Commence assignment by Sat 23 May 2015 (allow 4 weekends to prepare)
2nd LI Assignment is due at 11.59pm on Tuesday 14 July 2015
 Commence assignment by Sat 20 June 2015 (allow 4 weekends to prepare)
1st weekend school Sunday 31 May 2015
Study break Saturday 20 June 2015 – Sunday 5 July 2015
2nd weekend school Sunday 26 July 2015
LI Exam is at 8.45am on Tuesday 8 September 2015
 Commence studying for the exam by Sat 18 July 2015
 Complete exam summaries by 31 August 2015
 Commence past papers by 1 September 2015 (allowing 1 week to prepare)
2. IRAC
 What is IRAC?
 IRAC is the way you structure your answers to problem
questions.
 Issue – What is/are the issues
 Rule – What is the relevant law?
 What is the relevant legislation, state the section and in your
own words set out the relevant elements of the section. Do
not write out the whole section – you don’t get marks for this.
 What is the relevant case law? State the principle/test clearly
and succinctly in your own words and cite the case.
 Apply the law – to the key facts in the question
 Conclusion – Brief conclusion answering the question
3. Assignment & Exam Technique
Legal Institutions
1.Read the assignment or exam question
2.Highlight the issues
3.Highlight the key facts
4.Ask yourself – What is the question I have to answer?
5.Read the question again and highlight any more issues and key facts you
see



With assignments read your relevant lecture notes (the lecturer is telling you
what they want to see in the assignment)
With assignments read the text and relevant cases, and for extra marks try
do some research (does not apply to first LI assignment)
With assignments prepare a bullet point answer plan of issues and law using
and discuss with your study group
4. Structuring answers to problem
questions
1. Issue - Take the first issue (and apply the IRAC process for
each issue)
2. Law – State the relevant law for the issue
3. Apply the law – apply the law/test to the facts

Tick off the key facts you have applied.

Check the key facts you have highlighted. Have you applied all
of them?

Apply the test in x case, or the principle in y case.
4. Conclusion – Briefly state your conclusion on the issue
4. Structuring answers to problem
questions
5. Overall conclusion – If a number of issues, provide a brief
overall conclusion at the end – ANSWERING THE QUESTION
6. Ask yourself “have I answered the question”?

With assignments - Complete citations, and bibliography

With assignments - Review, polish and submit
In your assignment and exam, cite the key cases referred to in
lectures and in the subject guide (lecturers are looking for
this).

Please note the above process may only apply to the problem question in the first LI
assignment.
5. Sample Mark Allocation
 While every lecturer may allocate their marks differently, an
typical mark allocation for a 20 mark question may be:
Marks
%
 Issue
5
20
 Rule (Law)
5
20
 Application
9
45
 Conclusion
1
5
 Total
20
100%
 Note if you don’t pick the issue, the rest of your answer is probably incorrect
6. Problem Question No 1
Question 4 (September 2014 Exam)
Part A (10 Marks)
Using only the ratio from Thornton v Shoe Lane Parking [1971] 2QB 163 answer the following problem question:
Daniel and Emily take their children Paul (15) and Mary (10) to a new robotic dinosaur theme park, Dino Fun.
Entrance to Dino Fun allows visitors to ride on all age appropriate rides and visitors are charged accordingly. Robots
at the park’s entry gate judge age by the height of visitors and indicate charges, accept the money and provide
tickets accordingly. Mary is unusually tall for her age – in fact she is taller than her older brother and her mother Emily.
At the entrance to Dino Fun the ticketing robot charges all members of the family $50.00 each for an unrestricted
ticket. These are normally only available for those 15 and older, but while this is programmed into the robot’s circuits
it is not on display other than at each ride.
After a fun morning Daniel and Emily and their children decide to ride the Tyrannosaurus Rex predator ride. They join
the queue and after waiting 45 minutes they reach the entrance to the ride where they see a sign stating that this
ride is rated MA 15 plus and those without unrestricted passes will not be admitted.
The person checking tickets hears Mary discussing the primary school skipping competition – in which she hopes to
excel. He queries her age, and bars her from the ride.
Advise Mary – does the exclusion apply to her?
6. Problem Question No 1
Question
 What type of question is this?
 It is contract question
 It is a ticket question
 It is a question about exclusion clauses
 What is the question we have to answer?
6. Problem Question No 1
Facts
 What are the key facts?
6. Problem Question No 1
The key facts may include:
Emily’s children are Paul 15 and Mary 10
Entrance fee to Dino Fun Park based on age appropriate rides kids can go on
Ticket machine (robot) determines the age of a person based on height and charges a fee accordingly
Mary is 10 and tall for her age.
Ticket machine misjudges Mary’s age and charges Mary $50 for her ticket, the price someone 15 years and over
would pay
No sign in front of the ticket machine displaying the basis of fees charged
Mary enters park
Mary waits 45 minutes in a queue, to go on a ride, sign at end of queue states ride is MA15 plus and those without
unrestricted passes will not be admitted
Person checking tickets finds out Mary is less than 15 and prevents her going on the ride.
Offer and acceptance occurred at entrance – Mary did not see the sign and exclusion clause before she entered
the Theme Park and paid for her ticket
6. Problem Question No 1
Key issues
1. What is or are the issues
6. Problem Question No 1
Issue
1.Issue – Take the first issue and put it into your own words. The issue
is…..
6. Problem Question No 1
Key issue/s
1. Does the exclusion clause apply to Mary?
6. Problem Question No 1
Rule (law)
2. Rule – What is the relevant law (for this issue)?
 The relevant legislation is sX of X legislation. The elements are….
 The relevant case/s is xyz, the relevant principle/test is….
6. Problem Question No 1
Rule (law)
The relevant case is Thornton v Shoelane Parking where it was held that
in determining whether an exclusion clause forms part of the contract
and is binding on an individual the court considers the following:
(1) Did the person know that there was printing on the ticket?
(2) Did the person know the ticket contained or referred to conditions
(3) Did the company do what was reasonable to notify the person of
the terms and conditions of the exclusion clause before they
entered into the contract?
6. Problem Question No 1
Application
3.Application (Applying the law)
 Applying the principle/test in x case or elements of y section…..
 The key facts in this case are…….(don’t copy out the whole question)
 Is there anything different in this case to the case you have relied on, or the
elements of the legislation? Spell it out? Does the principle/legislation still apply?
6. Problem Question No 1
Conclusion
4.Conclusion – State the conclusion answering the question.
5.Then take the next issue and apply the IRAC process again.
6.Overall conclusion – of there is more than one issue, make a brief
overall conclusion answering the question
6. Sample Answer Structure
Your answer to this question may look like this.
Introduction
In order to advise Mary if the exclusion applies to her we need to
examine the following issue/s……and state the issue/s
Issue
The issue is …..(state the issue in your own words)
Law
The relevant legislation is sx of XYZ legislation. Here we have been
asked to only apply the ratio in Thornton v Shoelane Parking
The relevant case is……Thornton v Shoelane Parking where it was
held……
6. Sample Answer Structure
Appling the law
Applying the principle in Thornton v Shoelane Parking to the key
facts in this case……(ensuring you apply all of the key facts)
Conclusion
In conclusion the exclusion clause does/does not apply to Mary
because…..
Overall Conclusion
If more than one issue, make an overall conclusion, answering
the question.
7. Problem Question No 2
Question Four
Juliet was establishing her own practice, and went shopping for a rug for her
office. She expected Family law to comprise a sizeable part of her practice, and
consequently wanted something robust, so that she would feel comfortable if
clients brought their children in from time to time.
Browsing in The Rug Company she saw a wonderful Mondrian style rug on
special. She enquired of the sales assistant about how easy it would be to clean,
explaining that she needed something which could stand up to heavy traffic in
her office. The sales assistant assured her that the rug was a good quality wool,
which was fully stain protected, and any stain could be cleaned away easily.
Even on special the rug was very expensive, but Juliet thought it was worth the
price, and so bought it for $48,000.
Juliet then contacted her local courier company to pick up and deliver her new
rug. Her call was answered by an automated voice system, which took all her
details, provided her with a price, and advised that the rug would be delivered
in two days time and that a tax invoice would be sent to her. The voice system
prompted her to provide her credit card details for payment if she accepted
the quotation provided – which Juliet was happy to do.
7. Problem Question No 2
Question Four (continued)
The rug was not in fact delivered for another 5 weeks – accompanied by two
A4 sheets. One was the tax invoice for the original payment and the second was a bill for
an additional $50,000 for storage charges. The reverse of the tax invoice was headed
‘Terms and Conditions’ and advised that all contracts were made subject to these terms
and conditions. Paragraph 49 noted that the courier company accepted no responsibility
for timely delivery, and would store customer’s goods at their warehouse until a suitable
delivery vehicle was available. Storage was in accordance with the storage conditions on
their website. When Juliet checked their website, she found that the courier company’s
charges for storage were $10,000 a week – payable COD.
On the second day the rug was in her office, one of Juliet’s Family law clients arrived with
her toddler, who was carrying a cup of his favourite red cordial. Unfortunately he upended
the cup all over the new rug. Juliet found that the red cordial was in fact not easy to
remove – her rug was permanently stained. When she contacted The Rug Company they
told her they were very sorry, but carpet couldn’t be expected to be red cordial proof.
They refused to allow her to return the rug.
Using and applying the law as found in Thornton v Shoe Lane Parking [1971] 2QB 163 and
s55 Australian Consumer Law, advise Juliet. You may, but you are not required to, use other
legal sources.
7. Problem Question No 2
Facts
 What are the key facts?
7. Problem Question No 2
Facts
The key facts may include:
Juliet and Rug Company
Juliet own business
Wanted to buy a robust rug for clients children
Called Sales assistant at Rug Company:
 Asked how easy it would be to clean
 Wanted rug stand up to heavy traffic
Sales assistant represented rug was good quality wool, stain
protected and “any stain easily cleaned”
Juliet bought rug for $48K
7. Problem Question No 1
Key facts may include:
Juliet and Courier
Juliet called courier
Ordered courier via automated voice system ( a machine):



System provided price, took her details, advised rug delivered in 2 days, and tax invoice
sent to her
System prompted payment by credit card if quote accepted
Juliet accepted quote by entering her credit card details
Rug delivered 5 weeks later (breach?) with a tax invoice for courier and bill for additional
$50,000 in storage costs
On reverse of tax invoice were “terms and conditions” advising all contracts made
subject to terms and conditions. Para 49 stated:



Courier company no responsibility for timely delivery
Customers good to be stored in warehouse until suitable until delivery
Storage in accordance with terms and conditions on website.
Website terms and conditions state storage costs $10,000 a week payable COD
7. Problem Question No 1
Juliet and Courier
 When was the contract entered into?
 When was Juliet advised of the terms and conditions?
 How onerous are the terms and conditions
7. Problem Question No 1
Structuring your answer - Issue
 What is or are the issue/s?
7. Problem Question No 1
Structuring your answer - Law
Issue - Tackling the first issue (Juliet and the Rug Company)
Law - What is the relevant law, legislation and case law?
Application – Apply to key facts
Conclusion – to this issue – Advising Juliet Rug Company
7. Problem Question No 1
Structuring your answer - Law
 Issue - Tackling the second issue (Juliet and the Courier)
 Law - What is the relevant law, legislation and case law?
7. Problem Question No 1
The relevant law is s55 of the ACL
55 Guarantee as to fitness for any disclosed purpose etc.
(1) If:
(a) a person (the supplier ) supplies, in trade or commerce, goods to a consumer; and
(b) the supply does not occur by way of sale by auction;
there is a guarantee that the goods are reasonably fit for any disclosed purpose, and for any purpose for which the supplier represents that they are reasonably
fit.
(2) A disclosed purpose is a particular purpose (whether or not that purpose is a purpose for which the goods are commonly supplied) for which the
goods are being acquired by the consumer and that:
(a) the consumer makes known, expressly or by implication, to:
(i) the supplier; or
(ii) a person by whom any prior negotiations or arrangements in relation to the acquisition of the goods were conducted or made; or
(b) the consumer makes known to the manufacturer of the goods either directly or through the supplier or the person referred to in
paragraph (a)(ii).
(3) This section does not apply if the circumstances show that the consumer did not rely on, or that it was unreasonable for the consumer to rely on, the
skill or judgment of the supplier, the person referred to in subsection (2)(a)(ii) or the manufacturer, as the case may be.
7. Problem Question No 1
The relevant law is s55 of the ACL
What are the elements of s55 of the ACL?
-
7. Problem Question No 1
What is the relevant case law?
 Ashington Piggeries?
 Grant v Australian Knitting Mills
7. Problem Question No 1
Structuring your answer – Law applying
Application – Apply law to key facts
7. Problem Question No 1
Structuring your answer – Conclusion
Conclusion What is the conclusion on the second issue (Juliet
and Courier)
7. Problem Question No 1
Structuring your answer – Conclusion
Overall conclusion
What is the overall conclusion – answer the question.
8. Questions
 Any questions?
 You can find the material from today, on Webcampus in the
notes section of LI.
 You can find past exam papers and examiners comments on
the LPAB website.
Thank you for your time today!