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How to Answer Legal Problem Questions

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INTRODUCTION Legal problem questions present a hypothetical set of facts and require students to advise one or more of the characters about their legal position arising out of those facts or to con ... struct an argument on behalf of one or more of them. For example, students may be asked to: • ‘Advise A whether she has a claim against B arising out of these facts’: o This question requires students to focus only on A’s rights against B and on B’s liability to A • ‘Advise A of her position in law’: o This question requires students to consider whether A has a claim against and/or is liable to any of the characters (not just B) • ‘Assume A has instructed you to appear on her behalf in a claim for damages against B, prepare an outline of the argument you would advance to the court’: o This question requires students to construct a legal argument in A’s favour It is vital for Law students to practise and master the art of answering legal problem questions. Such questions form part of the assessment in Contract Law. Further, they simulate real-life legal practice, where clients seek advice from lawyers about their legal rights and obligations based on the particular facts of their case, and thus are excellent preparation for working as a lawyer. Answering legal problem questions also trains students to undertake similar tasks to providing legal advice and helps them develop analytical and communication skills. The problem questions that you are given in Contract Law require you to apply only Contract Law rules, but in legal practice you would need to consider whether other areas of law might also apply to a client’s issue. [Show More]

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