LW300 Property Law 1

Instructions

USING THE IRACSTRUCTURE IN WRITING ANSWERS

Use the IRAC method is 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

Teresa, who is a wealthy businesswoman, executes a will in 2018, which is drafted by Michael, her lawyer. The will provides as follows:

a)I leave my farm land in Nausori, Fiji, to my son Robert and his heirs but if he fails to grow sugar cane on the property, to my youngest daughter Rachel, and then to my youngest son David;

b)I leave, my apartment in Port Vila, Vanuatu, to my third-born daughter, Nancy as a permanent home;

c)I leave my Law Firm in Suva, Fiji, to my eldest daughter Cindy for life and then to my youngest son David so long as he remains single;

d)I leave the balance of my estate to Michael my lawyer, on trust, to pay the income to my sons Robert and David, for their lives, and upon their deaths, to pay the principal to any children of Robert and David who shall reach age 30; and

e)I appoint Cindy as executrix of my estate.

Teresa died on the 25thDecember 2020 and is survived by her children, Cindy, Robert, Nancy, Rachel, and David. Nancy, Robert, Rachel and David do not have any children at that time of Teresa's passing.

Discuss their interests.