Involuntary Obligations: Delict and Unjustified Enrichment

General Revision Tips

Authorities

You do not need to give the law reports citation for authorities.

When referring to a case, do not waste time writing out lengthy facts: the facts are
important to help you learn the law and why a case was decided, but will only be of use
in an exam if a situation is directly analogous or you are distinguishing a case on the
facts. It is most important that you know the principles of law.

If you cant remember any cases at all, at least write the legal rule down, but you will not
score very highly.

If referring to a statute, you do not need to waste time transcribing it: write down its
effect and relevancy to the question.

There is no right answer!

Discuss possibilities and alternatives: nobody can predict exactly what a court will
decide. This is not a moot, so dont make the mistake of arguing just one side unless the
law is very clear.

Allocation of time and marks

Make sure you allocate your time according to the marks available for each question.
You need to answer three questions in two hours, so that is 35 minutes per question
with an additional 5 minutes for planning your answer. It may be that you run out of
time in answering a particular question if this happens, jot down the remaining points
as bullet points and move on to the next question. You will still get some marks for
showing knowledge.

Answer the specific question asked!

Make sure you answer the question asked. The specifics of the question will be set out in
the text itself.

Answering problem questions

The capacity to answer problem questions in an exam situation is a skill which can be
developed through practice. In this regard, significant attention was paid in your revision
lecture to the IRAC method of answering problem questions and you should endeavour to
use this in your exam. In addition, there are a number of additional points of note which you
should take on board in preparing for your examination. These are set out below;

i. Always take time to read the question closely and to prepare a skeleton outline of
your answer. A well structured answer will score much more highly than an answer
which sets out the applicable law in a disorganised and incoherent manner.
ii. Identify all legal and factual issues and decide which you need to give advice upon.
For instance, if there is an accident in which a car hits a pedestrian or a medical doctor
misdiagnoses a patient, there would be no need to discuss in any great detail whether
there was a duty of care as it is axiomatic that duties of care are owed in those particular
scenarios. The real issue in such a situation will be whether the duty of care has been
breached and whether there is a causal link between the breach of duty and the damage
suffered.
iii. Having identified the issue(s), identify the relevant rule(s) of law.
iv. Apply the law to the facts. This returns to the point made above regarding the
importance of identifying the relevant facts. Oftentimes, the problem question will
contain details which are irrelevant to any consideration of liability. Be aware of this
when planning your answer. In addition, do not argue just one side of a case make
sure you advise of the pros and cons. If an area of law is unclear, say this. Try not to
jump about between issues. If you are running out of time, jot down bullet points of how
the law will apply in a particular area. You will still be awarded some marks.

v. Are there defences? Throughout the course of this module, significant attention was
paid to the issue of defences. In both your revision as well as when preparing your
answer in your exam, you should always ask yourself whether any defences are
applicable. Indeed, areas such as defamation cannot be understood fully without
consideration of the defences which may arise in a given situation. In this area of the law
in particular, the defences available to the defender serve to strike a balance between
important interests such as the pursuers right to protection of their reputation and the

defenders right to freedom of expression. It is therefore vital that you do not omit
consideration of defences in your revision.
vi. Conclude. At the end of your answer, summarise the advice you are giving.

Essay questions
All good essays should have the following;
Introduction
your interpretation/explanation of title
key issues indicated briefly
Key terms defined
Main body
list, order, back up main points
Conclusion
weigh up evidence, point out wider implications

General points of note in answering essay questions;

Make sure you answer the question asked! Do not write everything you know about a
topic: adapt and apply the material to the question. Outline the key issues and then
when answering, define the key concepts, keep referring back to the question.
Remember that essay questions require a combination of knowledge and analytical
skills. So do not just describe, but also analyse. Add a conclusion to essays which draw
together your arguments.

If a question asks you what the significance of a decision is, you need to say what the
law was before it was decided, if it was overruled, approved of, what the case did, if the
case is still good law: has it been applied, overruled, approved?