HOW TO ANSWER A PROBLEM QUESTION

Question (Example)

Ahmad, a 14 years old school child bought a bicycle from Johar for RM500. The bicycle is to be used for
travelling to his school daily which is about 100 meters away from his house. Ahmad promised to pay
Johar the next day for the payment but he failed to do so.

Advise Johar.

How to Answer A Problem Question?

Draft:

A. List of issue(s)
***from B. to O is only meant for first Issue. For second issue repeat from B. to O. again.
B. General Rule based on provisions of the law.
C. Apply the provisions of the law to the problem given.
D. Conclusion based on the provisions of the law.
E. General rule based on principle of cases before (judicial precedent).
F. Apply the principle of cases to the problem given.
G. Conclusion based on the principle of cases.
H. Exception (if any)
I. Exception rule based on provisions of the law.
J. Apply the exception of the law to the problem given.
K. Conclusion based on the exception of the law.
L. Exception based on principle of cases before
M. Apply the principle of cases to the problem given.
N. Conclusion based on the principle of cases.
O. Overall conclusion (based on General Rule and Exception)

Remember: First paragraph is only for list of issue(s). And issues begin with the word “whether”…

Issue(s)

1. Whether…….
2. Whether…….
3. Whether…….

Second paragraph and the rest:

The Analysis of the facts given according to the provisions of the laws and cases (including exceptions).

Contents:
General Rule of the law:

Section 10 of Contracts Act the requirement of “competent”

Section 11 “of the age of majority”,

The definition of age of majority under Age of Majority Act 1971; 18 and above

Application: the law and the facts in the question.

Conclusion: VOID because 14.

Cases: the principle in Mohori Bibbee

Section 69: Effect of a void contract.

Apply the principle of the case and conclude: VOID.

EXCEPTIONS?

Necessity.

Meaning? Discuss the principle of Nash v Inman: necessary goods, required at the time of the contract
and suitable with the lifestyle of the child.

Apply the principle of Nash on the facts of the question through analysis made.

Conclusion.

Overall Conclusion: based on the law, cases and exceptions.