Highlights
Footnotes do not count towards the word limit. Footnotes cannot contain substantive arguments. Arguments should be in the body of the text. Footnotes should only be used for citations of cases and other reference materials. You may refer to a case by a short form such as “Wooden Poles” in the body of the text but you must provide a full citation in the footnotes. The citation must state the FULL name of the case together with where the case may be found in the Reports. Use of a short form name in the body of the text will save words and thereby help you to stay within the word limit.
The IRAC method traditionally used to answer Law questions is as follows:
I State the Issue;
R State the Relevant law;
A Apply the Relevant Law to the facts; and
C State the Conclusion.
However, following this method strictly requires both steps R and A to be carried out separately – there should be a description of the Relevant Law and then under step A, there should be application of the Relevant Law to the facts. This can sometimes result in duplication. Because of the word limit, I would recommend that you combine steps R and A together.
Below are two examples.
First example where there is a breach:
“There has been a breach because the watch is not fit for its purpose as it does not give good time: art 35(2)(a).”
Second example where the conclusion is different from the case, you can answer as follows:
“Unlike Carlos, property has passed because the goods have passed the ship’s rails and have been unconditionally appropriated to the contract.”
Both these paragraphs show you know the relevant Law and how to apply the law from that case.
Anwar Trading, a company situated in Malaysia, agreed to buy from Howard International Pty Ltd, a company situated in Fremantle, 500 metric tonnes of Grade 1 Jasmine rice, payment to be made in advance. The seller promised to arrange for the transportation of the cargo through a reliable carrier. The rice was to be delivered in 2 instalments. The first instalment of 250 metric tonnes was to be delivered in April and the second instalment was to be delivered in June. The rice was to be shipped from Thailand where Howard had vast plantations. Anwar is a wholesaler which re-sells goods to supermarkets in Malaysia and Singapore.
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