HOW TO ANSWER PROBLEMATIC QUESTION

LAW OF CONTRACT
Example of question:

Ahmad entered into an agreement with Albab for supplying 10000 units of food container and 1000
pieces of plastic packaging for price need to be determine later on. On the agreed date, Ahmad
delivered 1000 units of food container and 10000 pieces of plastic container. Albab frustrated with
the delivery and want to take legal action against Ahmad.

You as penal lawyer for Albab company, advise Albab whether he can take legal action against
Ahmad.

HOW TO ANSWER?

In order to answer this kind of question, you must answer it with I-L-A-C technique. What is ILAC
technique? Normally problematic question will carry 15 marks. Issue will carry 2 marks, Law and
Application will carry 11 marks and Conclusion will carry 2 marks.

• I – ISSUE (2 marks)
• L – LAW (5-7 marks)
• A – APPLICATION (4-6 marks)
• C – CONCLUSION (2 marks)

HOW TO WRITE A GOOD ISSUE?

To write a good ISSUE you must have a complete problem statement starting with the word
"whether". You may find the word whether from the question, normally you can find it at last
sentence of the question or you must create it by yourself.

Example:
This is the last sentence of my question.
You as penal lawyer for Albab company, advise Albab whether he can take legal action against
Ahmad.

In order to write the issue, please change 'he' to actual name.

It should be : the issue in this case is whether Albab can take legal action against Ahmad. This issue
is correct but not completed yet.
To complete the issue, you must include the cause of the action. Why he wants to take the legal
action.
Example of answer: the issue in this case is whether Albab can take legal action against Ahmad for
breach of contract. This is a COMPLETE ISSUE.

HOW TO WRITE A GOOD 'LAW'?

To write a good 'LAW' you must discuss the RELEVANT LEGAL AUTHORITY ONLY. What do you need
to insert in 'LAW' section? When discussing 'LAW', do not relate your legal authority with the
question. Discuss the relevant authority ONLY.

RELEVANT LEGAL AUTHORITY means:

1. Relevant section. First you must identify how many main point in your question. If there is two
different main point need to be discussed and many relevant section, then you must
determine which need to be discussed first. If there is only 1 main point and only 1 relevant
section, then you need to discuss it. YOU MUST EXPLAIN EACH SECTION(S). (THIS IS YOUR 1ST
PARAGRAPH).

2. Relevant decided cases. You can use the decided case stated in your module. Take the case
base on your Main Point determined above. If the main point is about OFFER, then the case
should be taken from OFFER topic not ACCEPTANCE. You must discuss the FACT and DECISION
of the court. You must take the relevant case only. (THIS IS YOUR 2ND PARAGRAPH)

3. If there is no decided case or no relevant case, you must create your own COMPLETE
ILLUSTRATION. What is COMPLETE ILLUSTRATION? Illustration is a situation where you create
the situation or you may copy the situation from the question but need to change the names
of party from the original situation. You also can change the subject matter of the original
situation.
Example:
Ali entered into an agreement with Abu for supplying 10000 units of food container and 1000 pieces
of plastic packaging for price need to be determine later on. On the agreed date, Ali delivered 1000
units of food container and 10000 pieces of plastic container. Abu frustrated with the delivery and
want to take legal action against Ali.
BUT THE ABOVE SITUATION IS NOT COMPLETE YET. I WILL NOT GIVE ANY MARKS FOR THOSE WHO
MAKE THE HALFWAY ILLUSTRATION.

TO COMPLETE THE ILLUSTRATION, you must make your own decision of the situation based on the
relevant law.
Example of COMPLETE ILLUSTRATION.
Ali entered into an agreement with Abu for supplying 10000 units of food container and 1000 pieces
of plastic packaging for price need to be determine later on. On the agreed date, Ali delivered 1000
units of food container and 10000 pieces of plastic container. Abu frustrated with the delivery and
want to take legal action against Ali.
Abu cannot take legal action against Ali for breach of contract because the contract is not valid at
the first place where the material fact of the contract which is the price of the order is not certain.
(YOU WILL GET MARKS FOR THIS ILLUSTRATION)
 1. Do not use short term when you discuss legal authority. Like CA for Contract Act 1950.
Please do not show your laziness here.

HOW TO WRITE A GOOD 'APPLICATION'?

To write a good application, you must relate the above legal authority with your question. In order
to get ideas to write 'APPLICATION' you can ask yourself the following question.

1. Based on the above law, what is the effect of contract? example: Base on the above law,
Albab cannot take legal action against Ahmad.

2. Why is it so? example: Base on the above law, Albab cannot take legal action against Ahmad
because the contract entered by both parties is void at the first place.

3. Ask again, Why is it so? example: Base on the above law, Albab cannot take legal action
against Ahmad because the contract entered by both parties is void at the first place. The
contract become void because the contract is lacked of element of certainty.

4. Ask again, What is the element which the contract does not have? example: Base on the
above law, Albab cannot take legal action against Ahmad because the contract entered by
both parties is void at the first place. The contract become void because the contract is
lacked of element of certainty. The important element of the contract which is the price of
the food container and plastic is not mentioned in the agreement.

5. Ask if the opposite situation happen, what is the effect? example: Base on the above law,
Albab cannot take legal action against Ahmad because the contract entered by both parties
is void at the first place. The contract become void because the contract is lacked of element
of certainty. The important element of the contract which is the price of the food container
and plastic is not mentioned in the agreement.
If the price is mentioned in the contract, the contract will be valid and Albab can take legal
action against Ahmad for breach of contract.

THEN YOU WILL GET 5 MARKS IF YOU FOLLOW THE ABOVE GUIDELINES.
HOW TO WRITE A GOOD 'CONCLUSION'?
Here you must conclude your discussion. Please be alert, make sure your APPLICATION and
CONCLUSION come with same IDEA. If in your APPLICATION you discussed ALBAB cannot take legal
action against Ahmad because the contract is void, then you must write the SAME in your
CONCLUSION.
IF NOT, Suddenly you said Albab can take legal action, YOUR CONCLUSION IS WRONG AND WILL
NOT GET ANY MARKS.

Normally we will start to write CONCLUSION with:

In conclusion;
We can concluded that;
Or any word which you think suitable.

Example:
In conclusion, Albab cannot take legal action against Ahmad because the contract entered by both
parties is void at the first place.

FULL EXAMPLE OF ANSWER SCRIPT:

The issue in this case is whether Albab can take legal action against Ahmad for breach of contract.

Based on Malaysian law of contract, in order to create a valid contract, the contract must fulfill all
the elements of valid contract which are offer, acceptance, consideration, certainty and consent.

The relevant section for this situation is section 30 of Contract Act 1950. Where in this section stated
that every promise which not certain or cannot being made certain, the contract is void. Based on
this provision, we can understand that in order to make a valid contract the contract must be certain
or can being made certain. The uncertainty of a vital term of contract like price or the language used
is too vague will make the contract become void. If the contract is void, so there is no legal relation
to enable the other party to take legal action if other party breach the contract.

The relevant case for this situation is the case of Karuppan Chetty v Suah Tian. In this case the vital
term of the contract was not certain where the period of the lease was not clearly mention in the
contract. The court held that the contract is void.

Base on the above law, Albab cannot take legal action against Ahmad because the contract entered
by both parties is void at the first place. The contract become void because the contract is lacked of
element of certainty. The important element of the contract which is the price of the food container
and plastic is not mentioned in the agreement.

If the price is mentioned in the contract, the contract will be valid and Albab can take legal action
against Ahmad for breach of contract.
In conclusion, Albab cannot take legal action against Ahmad because the contract entered by both
parties is void at the first place.

**NEED TO DO A LOT OF EXERCISE TO AVOID ANY CLERICAL MISTAKE**