Identify the legal issue that you are considering

6.1.4 Problem-style questions
Problem-style questions are important because they enable you to develop the skills of interpreting and applying the law in a logical way, and reaching a reasoned conclusion.
A problem-style question may present you with a hypothetical set of facts that involves one or more legal issues, and you may be instructed to advise someone about how the law applies to them.
You should answer problem-style questions using the ‘IRAC’ method. This method’s name is derived from the first letters of the four main stages identified beside the bullet points in Box 2.
Box 2 The IRAC method of answering problem-style questions
Overview
Start with one or two sentences outlining the purpose of your answer and briefly indicating the law that you will apply.
Issue
Identify the legal issue that you are considering – this is not a summary of the facts, but it inevitably arises from a careful reading of the facts.
Rule
Explain the relevant legal rule in your own words, and (wherever possible) give its source.
Application
Explain how the rule applies to the facts of the question.
Conclusion
Summarise the legal effect of the rule. Note that the conclusion on each issue should be very brief, rather than a full recap of the discussion.
Repeat the four IRAC stages for each legal issue.
Overall summary
End with one or two sentences, based on your conclusions in respect of each issue, that directly answer the question.
Box 3 shows how you could apply this method in planning an answer to a simple problem-style question. Your answer should comply with the guidance in Section 7.2, so it should notbe written in note form (as our example is), and it should not include any headings: these are given here so that you can see in detail how the method applies to this plan. This example would be appropriate at Level 1; at higher Levels, you would be required to include additional case examples and a more in-depth discussion of each rule and its application to the facts.
If you are asked to advise more than one party, you should mention all of them in the overview, work through the issues applying to them separately, addressing each party in turn (with the IRAC procedure for each issue), and mention them all in the overall summary.
Box 3 Using the IRAC method to plan an answer to a problem-style question
The following could be a problem-style question on a Level 1 module:
Arwen is driving her car along a busy road. She is distracted by her mobile telephone ringing and fails to stop at a junction. She collides with Vicki, who is cycling to work carrying her laptop. Vicki’s laptop and bicycle are damaged, and she suffers a broken arm. Advise Vicki on any civil claim she may have against Arwen.
One way to plan an answer to this scenario would be:
Overview
If Vicki has a claim in civil law, it will be for negligence
Need to establish whether all aspects of negligence – duty of care owed, breach of duty, causation, and damage – are satisfied by the facts in this scenario
Issue 1
Whether Arwen owes a duty of care to Vicki
Rule 1
Case law – neighbour principle: Donoghue v Stevenson [1932]1
Application 1
It is foreseeable that Vicki, as another road user, will be ‘closely and directly’ affected by Arwen’s conduct
Conclusion 1
Arwen owes a duty of care to Vicki
Issue 2
Whether Arwen has breached the duty of care
Rule 2
In order to fulfil the duty of care, a learner driver must attain the objective standard of a skilled and experienced driver: Nettleship v Weston [1971]2
Application 2
A skilled and experienced driver would not have been distracted by the phone and would have stopped at the junction; Arwen’s conduct fell below this standard
Conclusion 2
Arwen breached her duty of care to Vicki
Issue 3
Whether there is a causal link between Arwen’s conduct and the harm that Vicki has suffered
Rule 3
The breach of duty must have caused the harm suffered by the potential claimant
Application 3
Arwen’s breach of duty caused the collision and harm to a cyclist is reasonably foreseeable in such a collision
Conclusion 3
Arwen’s breach of duty caused the harm to Vicki
Issue 4
Whether Vicki suffered harm of a kind that is recoverable in civil law
Rule 4
Damages in civil law can include compensation for personal injury and damage to property
Application 4
Vicki’s broken arm is personal injury, and two items of her personal property – the laptop and bicycle – have been damaged
Conclusion 4
Vicki has suffered harm of a kind that is recoverable in civil law
Overall summary
All aspects of the law of negligence are satisfied by the facts, so Vicki will have a civil law claim against Arwen
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1Donoghue v Stevenson [1932] AC 562.
2Nettleship v Weston [1971] 2 QB 691