Essay Problem Questions

Problem questions enable you to apply what you have learnt to a range of hypothetical (but realistic) situations. Like essay questions, they allow you to demonstrate knowledge and understanding as well as skills, but in a rather different way. Skills which you will exercise particularly in answering problem questions include:

• problem-solving
• analysis and synthesis
• communication and literacy (in particular, the ability to express yourself
  clearly and concisely)

Another similarity to essay questions concerns the citation of authority: whenever you make a statement or assertion about principles, you must support this by giving appropriate reference to a respected book, journal or similar academic source.

Sample problem question

John buys a new modem for his business from Sajada’s computer shop, (a modem is the piece of equipment that lets a computer communicate via the telephone system with other computers, including those on the internet.) He carefully described both his requirements and his existing computer system to the sales assistant in the shop. He had bought the existing system from the same shop just over one year ago.

When he gets the modem back to his office, he plugs it into his computer system. The lights on the modem do illuminate and it seems that the modem does work. However, he finds that it is of a type which is not compatible with his existing system. It therefore will not let him communicate with the internet. He fears that
he will lose valuable orders for his goods if he cannot access his email, or is unable to set up a new web-site to sell his goods on the internet. What are John’s rights under the contract for sale of the goods by the shop? Will he be able to recover for any lost orders?

Note that this is a question about the law of contract, and in particular the sale of goods between two businesses. It does not concern consumer sales. It is about the terms implied into a sale of goods contract by the Sale of Goods Act 1979, and what happens if a term is breached. You are not asked to give your views on the formation of the contract, on any aspect of sale of goods to consumers, or to consider implied terms other than the one(s) relevant for solving the questions.

Generally your “personal” input is limited to identifying the relevant implied term, and deciding whether it has been breached, or not. There is an additional aspect here; namely the customer’s ability to claim for consequential loss flowing from the breach, if any, of the implied term(s). You would need to give your view
on that.

This is normally the main difference between an essay and a problem question; that is, the problem question places a premium on focused application of theory (and sometimes practice) in relation to the circumstances of a given situation.

It should perhaps be added for completeness as regards this particular question, that there is a possibility that the facts could be construed by a court as being a consumer sale. This could come about if John’s normal business transactions did not involve buying computers. However, this is not the main issue here. It is a possible subsidiary matter for you to deal with, but not to spend too much time on.

Answering a problem question

As with the advice on answering essay questions, the section which follows is not intended to be prescriptive, but to provide a good basis from which you can develop your own style of planning and answering.

1. Read the facts and the question through very carefully. Try on this initial read-through to get a general idea of the area(s) involved (there may be more than one area, and what the question is about may be less
immediately obvious than with an essay question).

You may find it helpful to make an initial note of what seem to you to be significant pieces of information (e.g. in a sale of goods question, information about the various implied terms under the Sale of Goods Act 1979 would come into this category).

This initial stage allows you to demonstrate skills of analysis and synthesis, in establishing the relevant areas of theory that will support your answer.

2. Now that you have an idea of the area(s) involved in the question, look again carefully at the question. What exactly have you been asked to do?

You are being asked to decide which of the implied terms under the Sale of Goods Act 1979 is relevant here. In fact, the most applicable will be those implied by s. 14. The implied term of “satisfactory quality” under s.14(2) deals with fitness for the usual purposes for which those goods are supplied. Section 14 (3) concerns reasonable fitness for a specific purpose.

However, always be very careful to check; do not simply assume that you are being asked to consider terms which are not in fact relevant, (e.g. the implied term under s. 12 that the seller has good title to the goods). There is no suggestion in the facts that there is any issue about the seller not passing good title, or not allowing the buyer to use the goods appropriately.

This stage will allow you to continue to demonstrate skills of analysis and synthesis, as you establish exactly what is required of you.

3. Plan your approach to preparing and writing the answer. As with an essay question, you should at this stage be thinking of:

• what materials you will need to look at
• how much time you think you will need to do the work
• when you are going to write the answer
• what the word limit is
• when the cut-off date is

In doing so, you will be demonstrating skills of autonomy and ability to learn and to manage your own workload.

4. Make a rough plan of your answer (after doing some initial reading if necessary). You may still find the “brainstorm” approach suggested for essay questions to be helpful, but bear in mind that with a problem question, you must be more specific. This time, you need to engage not only with the precise questions asked, but limit yourself to the facts given.

It is important to structure your answer so that it follows a logical sequence. You can only do this by planning it before you start, even by just making a note of the main issues to be dealt with. For example, there is no point in starting off with issues concerning remedies unless it has first been established that there is an initial obligation and secondly a breach of that obligation. All the facts you have been given are likely to be relevant, but you should not normally seek to go behind them. Nor should you discuss situations which have not arisen on the facts (unless of course, the question specifically asks you whether your answer would differ if the facts were different). Note that in some questions, facts may have been deliberately omitted to raise points for discussion. In this case, it is usually best to note that you do not have all the information at your disposal which would allow you to come to a conclusion, and when you write the answer, explain what the significance of the missing information is.

5. Carry out the detailed reading and other work which you need. Remember to keep checking that:

• you are only dealing with the material you need for the questions which have actually been asked and are not dealing with extraneous facts
• you are dealing with all the material you need to answer thosequestions.

You will be demonstrating skills of analysis and synthesis, and of problemsolving.

6. Prepare to write the answer. Be ruthless at this stage; are you certain that you are confining yourself to the questions which have been asked, and that you have done sufficient preparation to answer them in full?

7. Write the answer. For each part of the question:

• identify the areas of theory and state the relevant principles (citing
  relevant authority)
• apply the theory to the facts
• come to a conclusion (e.g. that the implied term under s. 14(2) has not been breached, as the modem does work. However, arguably the implied term under s. 14(3) has been breached, as the modem does not work with the rest of the equipment, the nature of which had been specifically drawn to the seller’s attention. It is therefore not reasonably fit for John’s particular purpose, a purpose which John has drawn to the seller’s attention.

Note that it will not always be easy (or even possible) to come to a conclusion. This may be because the law itself is unclear, or because the facts are ambiguous or insufficient, or because you do not know enough about the practical context: it may be a combination of all these things. Do not panic: the question has probably been designed to raise these issues to test how you deal with them.

The best thing to do in this situation is normally:

• set out as much information in your answer as you can be certain of (e.g. what the wording of any relevant section of the Sale of Goods Act 1979 actually says)
• explain why it is not possible to come to a conclusion (e.g. the precise meaning of the Sale of Goods Act 1979 section is not clear, or a crucial fact is missing)
• if appropriate, give alternative possibilities (e.g. if the Sale of Goods Act 1979 provision means X, then Y will happen: if, however, it means A, then B will happen)