How To Answer in 4 Steps
How To Answer in 4 Steps
How To Answer in 4 Steps
Essay Questions:
An essay question is one that requires students to write an essay examining or discussing a particular
area or principle of law. Words such as write notes on, explain and compare and contrast are
indicative of essay questions.
You should ensure that your essay contains an introduction, the body of the discussion and a
conclusion. In answering essay questions you should give as much detail as possible and ensure that
what you have written is relevant to the question that is asked.
To allow you to show your knowledge of particular areas or principles of law; and
To allow you to demonstrate your ability to apply the law to a given set of facts in order to
conclude whether or not somebody could be legally liable.
In showing your knowledge and understanding of a particular area or principle of law, you should be
as detailed and as relevant as possible. Your marker or examiner will assume that what you have
written is all you know about that area or principle of law.
Some tutorial (and assignment) questions and a choice of examination questions are based upon the
four-step process to problem questions which is discussed below. You will be asked repeatedly
during semester to use this technique.
Company Law 266
Assignment Question
Curtin Business School
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Step 1:
Identify the area(s) of law which needs to be explained in order to answer the question. Usually this
is easily worked out from the (key words used in the) question itself. One sentence is all that is
required for this step. For example, the area of law relevant to this question is creation of an agency
by necessity.
Step 2:
Discuss the principles of law relevant to the area of law. This is your best opportunity to obtain
marks by showing that you know the legal principles applicable to that area of law. This would usually
also require a discussion of the facts and decisions of relevant cases, and a statement of the
important principle of law that a case makes clear should be provided. The extent to which you will be
required to provide detail will of course depend upon the marks and time allocated to that problem
when you are answering examination questions, or the maximum word count allowable for an
assignment.
In step two you should explain the principles of law as if to someone who knows nothing about
business law. In that way you will make sure that you explain at the level and in the detail that is
required.
Remember that if you are writing a test or an examination, you do not have to quote citation of a case
just the names of the case. You can write very brief facts, but importantly the decision of cases is
required.
Please do not mention the facts or parties of your hypothetical question in step two. These are
introduced in step three.
Step 3:
Apply the law to the facts of the question in a reasonable and logical manner. Consider (as far as it
is applicable) each aspect or element of legal criteria discussed in step two and decide whether it is
satisfied in the scenario that you are considering. For example you could say Alex was entrusted with
the principals property because. It is always necessary to explain which of the facts of the question
indicate that any particular element of the action has been satisfied (or is lacking).
All aspects of the problem should be discussed objectively. Usually this is best achieved by first
presenting the point of view of the person initiating the case and then, second, the person defending
or responding to such an argument. You should avoid "siding" with a particular person in the problem
as this indicates bias and is unlikely to allow for a proper explanation of the law. In other words, try to
objective with your application of the law to the facts presented.
It will often be necessary for you to make an assumption if your hypothetical facts do not give you
enough detail. For example, you may not be told the cause of someones loss, and depending on that
cause liability may rest with one party or the other. Please make, and state, your assumption(s).
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Step 4:
State possible conclusion(s) Please note that many problems do not have a definite yes or no
answer until the matter has been decided by a court of law. It is best to state your conclusions in
language that reflects this reality. Use statements like it is likely that here.
Your conclusion can usually be put in one or two sentences and should include a likely remedy, if any.
express your answers in your own words in the way that you understand the application of the
law;
you may quote from your textbooks but make sure that your citation is correct e.g. Harris, J.
2012, Australian Corporate Law, Butterworths at page 123.;
cases must be correctly cited as shown in your textbooks eg Public Trustee v Shultz (1964) 38
A.L.J.R. 128;
do not copy segments out of references or texts and attempt to portray these as your own
work as this can be held to be plagiarism which is in direct contrast to university policy.
The preferred reference style for Curtin is Chicago Referencing.
Example Question
Kelvin Tan, a Perth resident, recently commenced a business selling hardware and fixings to the
mining industry. He operates his business from the garage in his backyard and he has an office
inside the house where he processes the paperwork. The house is registered in the names of Kelvin
and his wife Lindy. The couple still have a $200,000 mortgage in favour of Big-Bank. Lindy and the
couples teenage children sometimes help out in the business, mainly dealing with online orders.
Kelvin supplied some bolts to a company to secure a hydraulic lift to a drilling rig. However, the bolts
were not high tensile, as requested by the customer. The weakness in the metal caused the hydraulic
lift to break which resulted in significant damage to both, the drilling rig and the lift itself. The owners
of the damaged equipment have now commenced legal action.
With reference to the above set of facts, and using the four-steps-process, discuss who may be liable
for the customers losses, and to what extent.
Example Answer in POINT-FORM for 4 Steps
Area of law:
Sole traders - Unlimited personal liability
Principles of law:
Brief introduction of nature, benefits and disadvantages of sole trader
Business is not legally separate from the owner
Company Law 266
Assignment Question
Curtin Business School
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