pvl3702-revision-study-pack.

Answering Problem-Type Questions A useful way to approach problem type questions is to use the IPAC scheme: I =IDENTIFY the legal issues involved. P= set out the applicable legal PRINCIPLES. A= APPLY the legal principles to the facts. C= give your CONCLUSION. IDENTIFYING THE PROBLEM Identifying the relevant issues correctly is the most important step in answering the question. TIPS • Start broadly and then narrow down the topic. For example, ask yourself whether the question is about the validity of the contract, the contents of the contract or the breach of the contract. Usually, the wording of the question will give you an indication of this. If you decide it is about the validity of the contract, ask yourself which specific requirement of validity is involved. Carry on until you are sure that you have sufficiently narrowed down the topic. • If you think more than one legal issue is involved, discuss both, but pay more attention to the issue you regard as most relevant to the question. • If you are not sure what the legal issue is, do not use the ‘shotgun’ approach! Writing down everything you know about a certain topic, simply creates the impression that although you might know the work, you do not understand it. PRINCIPLES Here you will summarise the legal principles applying to the legal issue. These can usually be set out in the following form: The rule= Requirements for the rule to apply + Consequences if the rule applies ( Authority) TIPS • Do not discuss all the legal principles in complete detail. Summarize the main points to start off with. When you start applying the principles to the facts, give a more detailed discussion on the specific principles that are relevant to your application. APPLICATION This is a very important part of your answer, and what usually distinguishes a simple pass from a first class pass. What you have to do, is to link the facts to the legal principle involved. Motivating your answer is very important-part of being able to construct a proper argument is to give reasons for your answer. Example: Caveat Subsciptor rule: If a party has signed a written contract (requirements), he will generally be bound to the contract (consequences)according to the case of George v Fairmead (authority). CONCLUSION - This is usually short, where you simply summarise what your answer to the question is. Downloaded by Christelle Papenfus () lOMoARcPSD| DzThe expert in anything was once a beginnerdz 2 Question 1 Which of the following is NOT a requirement for a valid contract? 1 Consensus 2 Formalities 3 Possibility 4 Reciprocity 5 Certainty (1) Answer 4. Discussion See Hutchison and Pretorius (eds) The law of Contract in South Africa Oxford University Press Southern Africa 2012 6. Question 2 Which statement is INCORRECT? 1 A contract is a unilateral or even bilateral juristic act. 2 A contract entails promises or undertakings on one or both sides. 3 An undertaking in a contract that a certain state of affairs exists, or has existed, is known as a warranty. 4 The conclusion of a contract can be multilateral. 5 Freedom of contract means that the parties can agree to anything that is possible and lawful. (1) Answer 1. Discussion A contract is never a unilateral juristic act. See Hutchison and Pretorius Contract Question 3 Which statement is INCORRECT? 1 An obligation is a legal bond between a debtor and a creditor. 2 With a contract of sale, the seller is the debtor in respect of the duty to deliver the thing sold, and the seller is the creditor in respect to the obligation relating to the duty to pay the price. 3 An obligation comprises a right and a corresponding duty: the right of the creditor to demand a performance by the debtor, and the duty of the debtor to make that performance.