Instructions

USING THEIRACSTRUCTURE IN WRITING ANSWERS

Use the IRAC method as a framework for organizing your answers to the three problem based questions.

The basic structure is: Issue, Rule, Analysis, and Conclusion. It is helpful to state brief facts before using IRAC.

Issue

Begin your answer by stating brief facts, then the issue presented by the essay question. Sometimes the question will provide the issue for you. If not, then ask: What is the legal question that, when answered, determines the result of the case? The issue should be stated in the form of a question in a specific, rather than general form: "Was the title of the property transferred if the titled documents were not recorded at the Register of Titles office?" would be an acceptable issue. "Will the plaintiff win?" would not be acceptable. Note that the issue may be case specific, mentioning the parties' names and specific facts of the case. Example: "Did Harry have the property registered under his name, at the Government Registrar of Titles Office? Most cases present one issue. If there is more than one issue to address, then you must write a separate IRAC analysis for each issue.

Rule

The rule describes which law or test applies to the issue. The rule should be stated as a general principal, and not a conclusion to the particular case being briefed. Example: "A transfer of a property, in Fiji, is complete when the transfer documents are registered with the Fiji Register of Titles Office" would be an acceptable rule. Frequently, the rule will be the definition of the principle of law applicable in the case. Example: A seller may not sell the property without a good title.

Analysis

The analysis is the most important, and the longest, part of your answers. It involves applying the Rule to the facts of the problem or question. You should use the facts to explain how the rule leads to the conclusion. Discuss both sides of the case when possible. Important: Do not merely state a conclusion without also stating reasons for it. A conclusion without reasons or explanation means that you have not used the rule and the facts to analyze the issue. Hint: The rule can be used as a guide in your discussion. Example: Suppose the issue is whether A is a legal owner, using the facts of the case, explain whether or not they fit into the definition of what is a legal owner of a property is.

Conclusion

The conclusion is your answer to the Issue. State the result of your analysis. Examples: "Joe has a legal right to the property no other titleholder exists in the property." If there are multiple issues, there must be multiple conclusions as well.

QUESTION

1.Anthony is a boat dealer selling second-hand motorboats. Maria goes to Anthony's shipyard and inspects the boats that Anthony is selling. Maria sees an antique timber speedboat and tells Anthony she is interested in buying it. She agrees to return the following week to transact with Anthony.

However, the speedboat is owned by Thomas who has left it with Anthony to obtain offers. Thomas's instructions are that before Anthony could accept any offer he must consult him first. By mistake Thomas leaves the boat's registration document written under his name in a storage box on the boat.

This week, Maria approaches Anthony and makes an offer of FJ$20, 000 to buy the boat. Anthony agrees and using the boat's registration document he signs off the speedboat to Maria. Maria decides to leave the car in Anthony's shipyard for a while until she completes building a jetty at her lagoon-front house for the boat. But before she completes the jetty, Thomas goes to Anthony's shipyard and takes the boat and registration document away.

Later, Thomas agrees to sell the boat to Harry. Harry wants to test drive the boat in open waters for a couple of days before handing over the money. Thomas allows Harry to do that but forgets to remove the registration document from the boat's glovebox. As a result, Harry calling himself Thomas, uses the registration document and sells the boat to Michael who acts in good faith without notice of the previous deals.

Advise all parties of their rights and responsibilities concerning the transaction involved in the sale of the car.