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Following on from the 1st lecture I will now take you through some common examples using the IRAC method (which is recommended by many law schools).
PRACTICE MAKES PERFECT! Four worked examples using the IRAC (or IPAC) method, including how to show how an equitable lease can arise (Walsh v Lonsdale).
In this series of 3 lectures on land law I explain how to work out whether a right in land is legal or equitable (lecture 1), take you through some worked examples using the IRAC method (lecture 2) and share with you some classic things students get wrong in assessments (lecture 3).
IRAC is explained below.
WHAT IS THE IRAC (A.K.A IPAC / PLAN) method of problem solving?
If you haven't come across IRAC before, it is a problem-solving technique that can be used in all topics you will study (e.g. criminal law, tort, trusts etc.) which you will find invaluable in courseworks and exams. It may seen difficult at first; but the more you practice using it; it easier it will become. Practice using it in seminars and tutorials so you become more confident and proficient at using it when it comes the time to do your assessments.
IRAC stands for Issue, Rule, Application and Conclusion. It's essentially the same as the IPAC (Issue, Principle, Application and Conclusion) and PLAN (Problem, Legal rule, Application and Note outcome) methods. There are lots of videos available explaining the technique and your own law school may provide its own guidance which you should take a look at.
Issue
Identify the question (issue) you need to answer. There may be several separate 'big' issues you need to address within the question (e.g. Has Tommy's neighbour got a right of way over Tommy's land and can Tommy 'evict' the tenant in his converted barn for not paying the rent?) and each issue will usually break down into a series of sub or 'mini' issues. Take care to frame the issue as precisely as you can as it will help you to identify the relevant law (Rule) more easily. Deal with each 'big' issue separately.
Rule
State the relevant law. Remember to provide the 'authority' for the rule. This will usually be from a statute or case. Avoid long, generalised statements of law. Break it down into bite size pieces (which I will do in my examples) and deal with each piece separately.
Application
Explain how the law is applied to the facts of the question. This is the stage students frequently find the most difficult to do (and where the most marks are!). A good tip is to imagine that the person is sitting in front of you waiting for your advice. They want to know how the law actually affects THEM. You will need to identify the relevant facts (examiners love to 'pad out' the facts with the background story) and explain how the law you have explained relates to those facts. Refer to the names of the parties in the question. Sometimes it will be very easy; sometimes not! This stage is not something that you can copy from textbooks. It is a skill that you will become more proficient at the more you practice. Try to avoid my personal pet hate; 'it's up to the court to decide'! It isn't. It's your responsibility to advise the client as to the likely or possible outcome in their case.
Conclusion
Your conclusion should answer the issue. some times you will be able to arrive at a definitive conclusion but sometimes the answer might be 'it depends'! If there is some doubt - say so and explain why.
I recommend that you watch the videos in sequence
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Amanda
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