PROBLEM PAPER

PROBLEM PAPER

IRAC: You should answer the question in this format.

Problem papers

Instructions Questions should be answered in IRAC style. You should remember to support your propositions by reference to cases and statutes where appropriate. Notes on IRAC will be posted to Wattle.
I – Issue (briefly identify the legal issue(s) in the problem. One or Two sentences!
R – Rule (briefly signal the rule or relevant law which will help to resolve the issue.) Must use Australian Rule!!! And According to the lecture notes
A – Application – the most important part (apply the law to the facts, look at both sides to the argument, support your argument.)
C – Conclusion (remember to draw your advice to a conclusion, although that advice might be that there is more than one possible answer but the most likely conclusion is x. It is also acceptable to say that you need to know some further facts and if it is x then y would follow but if it is a then b would follow.)

Purpose To develop and assess students’ ability to apply the law to a problem scenario in order to come to a resolution.
Marking Criteria Factors Examined
Demonstrated knowledge of the law Answer reflects a good knowledge of the relevant legislation and relevant case law – an understanding of their scope and operation


Analytical skills
(legal problem solving technique) Ability to determine the legally relevant or “material” facts and the applicable legal rules:
-ability to identify the legal issues raised by the relevant facts, ie the questions in dispute;
-applying the law to the relevant facts (do the facts fit the legal rules?);
-reaching a conclusion and expressing it (“In my view….” “I consider, on the basis of the facts provided, that….”). If the legislation is open to more than one interpretation your task is to say so and to decide which one should be considered of greater weight and to state why.

Presentation Correct citations of cases and legislation
Layout/setting out (use of appropriate headings- clarity, ease of reading).
presentation.

(a) Monica bought some kayaks from the USA and arranged to have them shipped to Australia by a freight carrier BCD. Monica arranged the shipping by telephone. She was told that the carriage was subject to the terms available on BCD’s website. While the kayaks were on the dock in Sydney awaiting customs clearance they were stolen. BCD point to a clause in the freight contract which says, that BCD will not be liable for or in respect of ‘any loss or damage to or in connection with the goods arising or resulting at any time from … any cause or event which the Carrier could not avoid or the consequence of which the Carrier could not prevent by the exercise of reasonable diligence’. Monica wants to sue BCD for breach of contract. There is no suggestion that ABC were negligent in their care of the kayaks.
Advise Monica.

Answer both questions on the basis of work covered in lectures in weeks 5- 7 inclusive. You do not need to consider the Sale of Goods Act or the Australian Consumer Law.

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