HOW TO ANSWER PROBLEMATIC QUESTIONS

I – Issues
L – Law
A – Application
C – Conclusion

First identify the legal issues. These should be stated briefly in one sentence.
There is no need to enlarge on the issues, as this will be done in the application
section.

Secondly, take each issue in turn and set out the relevant law relating to that
issue. All relevant cases and statutory provisions should be mentioned. It is not
necessary to give the facts of every case. The most important thing to set out is the
legal principle decided in that case.

Next, the law should be applied to the facts of the problem question. This may be
done immediately after you have set out the relevant law on each issue, or you may
wait until you have set out the law on all the issues, as has been done below. There is
no need to repeat the legal principles set out in the relevant law section.

Finally, state your conclusions. Again, there is no need to repeat what you have
already set out in the previous sections. The conclusion should be brief. If there is
more than one possible conclusion, set them all out
SAMPLE QUESTION:

Mastura had a window shopping in an antique shop. She was then attracted to a vase
at the price of RM150. She wished to buy the vase and brought it to the cashier for
payment. Unfortunately, by the time she was about to pay, she found out that her
wallet was not in her handbag. Mastura tried to cancel her purchase but the cashier
alleged that Mastura was already bound to the contract with them and was therefore
liable to pay for it.

Advise Mastura.

SAMPLE ANSWER:

ISSUE :

 Permasalahan yg timbul dalam soalan. Atau juga isu apa yg kita nak tau
daripada permasalahan Mastura

 Setiap issue mesti dimulakan dengan perkataan “WHETHER

Contoh issue dalam kes Mastura (mempunyai 2 pilihan untuk menulis issue):

1. Whether display of goods in self service shop is considered as ITT or offer?

2. Whether there is an offer in this case?
LAW :

 Law adalah penerangan topik yang timbul dari issue.

 Dalam law, jangan masukkan nama Mastura dan jangan sesekali memberi
komen tentang Mastura.
 Law ini adalah semua yang ada dalam buku yang relevan dengan tajuk perlu
ditulis, termasuk kes dan seksyen.
Contoh Law dalam kes Mastura
Offer is one of the elements of contract. Offer generally means an agreement made by
offeror to the offeree with intention to create a legal relation. Sect 2(a) of Contract Act
1950 (CA 1950) define offer as ……..
 Intro - definition of offer in general and under CA 1950
Invitation to treat (ITT) is differ with offer. ITT means preliminary communication
that may lead to an offer. It is made before the offer take place. ITT is not an offer and
it is just an invitation to make an offer. It such of an attraction to induce public to
make an offer and thus enter a contract with him and by then legal relationship will
exist.
 Intro –definition of ITT
ITT is not an offer. The difference is at the situation when the actual offer take place.
In actual offer, the offer is take place when someone communicate his willingness to
do something or to perform something with the intention that the offeree will accept
his offer. The offer will happen once the offeree has knowledge that the offeror is
making the offer. In ITT, the offer take place as to respond the ITT. It commence
when the advertiser make an invitation to public by inviting public to make an offer to
him. Once public see the advertisement, he may make an offer and here the offer
happen. The advertiser then may respond the offer by making an acceptance.
 Differences between ITT and offer – concept of ITT.
There 5 examples of ITT namely advertisement, display of goods in self-service shop,
quotation, tender and auction. Advertisement means invitation to attract people’s
interest to make an offer. Advertisement can be made either in radio, newspaper,
television, internet and so forth. ITT is happen when the advertiser make an
advertisement in the newspaper. Anyone who reads, saw and notice the advertisement
may make an offer and the advertiser may respond by making an acceptance of that
offer.
  Example of ITT – advertisement (definition & concept of ITT
Second example of ITT is quotation. Quotation means early information which gives
opportunity to the buyer to choose the best price according to the list. ITT is happen
when the seller create the list of prices. Anyone who reads, saw and notice the list has
opportunity to select the most suitable price. By selecting the suitable list, he is said to
make an offer. The seller then may respond the customer by making an acceptance of
that offer.
 Example of ITT – quotation (definition & concept of ITT)
Tender is also a kind of ITT. The situation of ITT is happen when the government
advertises
the tender. If the contractors respond the notice, he is said to make an offer. The
government is said to make an acceptance by choosing the best contractor.
 Example of ITT – tender (definition & concept of ITT)
The other example of ITT is auction. The situation of ITT is happen when the
auctioneer requests bids and inviting the assembly of bidders to make an offer. The
bidders who bid the price is considered as making an offer and the auctioneer is said
to make an acceptance by choosing the best bidder and knock down hammer as a sign
of acceptance.
 Example of ITT – auction (definition & concept of ITT)
The last example of ITT is display of goods in self-service shop. The goods must have
the price tags. The act of seller by putting the goods in self-service shop is considered
as ITT. When the customer picks up the goods and brings the goods to the counter
and makes payment, he is said to make an offer. Once the cashier/seller accepts the
payment, the acceptance is considered happen. There are 2 authorities from case
telling about this principle. The first case is Pharmaceutical Society of Great Britain
vs Boots Cash Chemist Ltd. In this case, the court held that display of goods was only
an ITT. An offer is made when the customer placed the articles into the basket and
bring them to the counter for payment.
Acceptance would only be made by the customer. So long as the cashier did not
accept the payment, there is no contract yet. The second case was decided in the case
of Fisher vs Bell. In this case, the court held that display of several kinds of flick
knives in a glassshop window is not an offer but only an invitation to the customers to
make an offer to buy. Whether the offer is to be accepted or not, it depends on the
discretion of the shop owner.

APPLICATION :
 Application adalah cadangan untuk menyelesaikan masalah Mastura. Ini
bermakna, application adalah solution. Kita perlu beritahu mastura apa yang
dia perlu buat.
 Secara tak langsung, ianya menjawab ISSUE yang dah tanya atas tadi.
Contohnya, dalam kes Mastura ni, kita akan beritahu Mastura sama ada dah
ada kontrak ke belum dalam kes dia ni, dah ada offer tak, ke cuma baru ada
ITT je, mestikah Mastura membayar harga barang tersebut, boleh ke Mastura
saman kedai tu. Kita akan beritahu jawapannya, dengan merujuk kepada
penghujahan dalam LAW yang kita dah tulis diatas tadi.
 Dalam pada kita memberi solution kepada Mastura, kita tak bolehlah bagitau
begitu sahaja. Kita kan belajar law (kena act macam lawyer). Kita kena
support jawapan kita tadi dengan authority, iaitu kes dan seksyen yang
support statement kita tadi.
 Kes dan seksyen yang dirujuk, mesti lah yang kita dah cerita detail pada
LAW tadi. Contohnya kes Mastura ni pasal display of goods, jadiknya, kita
kenalah tulis kes atau seksyen yang berkenaan dengan tajuk display yang kita
dah cerita panjang lebar dalam LAW tadi.
 Untuk seksyen, takde masalah, tulis macam biasa, seksyen berapa dan akta
apa.
 Untuk kes, kita hanya dihendaki tulis nama kes dan penghakiman (court
held) dia sahaja. Faktanya tak payah tulis sebab, fakta nya kita dah cerita
panjang lebar dalam LAW tadi.
 Lepas kita tulis seksyen dan kes, kita apply lah kisah Mastura tadi dalam
penghakiman kes tadi. Lihat ‘contoh application dalam kes Mastura’.
 Dalam erti kata lain, kita kena sama kan apa yang hakim cakap dalam kes
yang kita tulis dalam LAW tu dengan peristiwa Mastura ni. Kita bagitau
Mastura apa nak buat dengan merujuk kepada kes dan seksyen dalam LAW
tadi.
 Jadi secara ringkasnya, application mesti ada 2 benda, iaitu solution kepada
Mastura dan authority
Application dalam kes Mastura
As we refer to the case of Mastura, we may say that there was no contract yet between
the seller and her. Mastura also neither bound to enter into the contract nor pay for the
goods. It is because there was no offer in her situation. The only matter that happen is
only invitation of treat done by the seller.

We can apply the decision of court in the case of Pharmaceutical Society of Great
Britain vs Boots Cash Chemist Ltd whereby the court held that display of goods is
only ITT and not an offer. The offer is only happen when the customer picks the
goods, bring to the counter and making the payment. Once the seller accept the
payment, he is said to make an acceptance.

The court also decided the same judgment in second case, namely in the case of
Fisher vs Bell by uphold the principle that display of flick knives in glass window is
only ITT. By these two authority, again, we may say that there was no contract
between Mastura and the seller

CONCLUSION :
Beri conclusion pasal kisah si Mastura
contoh conclusion dalam kes Mastura
As to conclude this case, we can say that Mastura need not to pay the price of the
goods since the contract is yet to happen. The only matter that happen is only
invitation of treat done by the seller. Mastura also neither bound to enter into the
contract nor pay for the goods. It is because there was no offer in her situation