Guidance on writing answers to problem questions in contract law

 General organisation
 Introduction and conclusion
 Use of facts
 Statements about the law
 How to be successful

One important point at the start – do not treat a problem question as an invitation to
write an abstract essay about the legal issues involved in the problem. The facts are all
important and application to the facts is essential. Students will frequently write out all
the law they consider to be raised by the facts and then, without separating the issues
clearly, leave all their application to the end. The dangers of excessive repetition and
irrelevant points of law are high and this is very poor legal style.

General organisation

1. Facts

(a) Start with the facts. Read the problem carefully several times. Do not skim read. You
must have a precise understanding of the facts, since facts determine the relevance of
any legal points you make later. Fact identification and organisation is an important
legal skill. If it helps, draw a quick diagram to explain the facts and the parties.

(b) Accept as true those facts that are given. Do not worry about how unlikely they might
be.

(c) Identify any important missing facts.

(d) Do not assume facts which are not given and do not ponder on what the position
would have been if the facts had been different – unless specifically requested to do so
by the question itself, e.g. “would your answer have been different if...?”.

2. Let the facts guide you in identification of the relevant legal issues

I.e. what is it that the person(s) in question wishes to know? For example, they may
wish to know whether there is a binding contract and the consequences of this.

Consider the order in which you wish to deal with the issues raised by the facts and
bear in mind the need to present points in a coherent and logical way. For example, it is
usual to find an offer first before seeking to identify whether a piece of correspondence
constitutes an acceptance. Similarly, identify that the correspondence is in fact an
acceptance before looking at whether it has been communicated.
The legal issue involved will determine the order in which you deal with principles and
their application. The order and organisation of your lecture materials and course texts
should guide you on this.

If there is more than one issue and/or if advising more than one party, you will need to
deal with each separately.

3. Deal with one issue at a time

Avoid “jumping around” between issues and mixing discussion on different issues. Do
not move on to a further issue until you have said all that is required to be said about
the first identified issue.

4. Discuss the law relevant to the issue

State the law in the context of the issue raised by the facts. [This will ensure strict
relevancy on the law and will make clear that you have identified the correct law
applicable to the factual issue.]

Cite supporting authorities. Always give reasons for your views and authority for legal
principles and rules.

If the legal position is unclear then explain the nature of the uncertainty and suggestions
on how it might be resolved – including your own view of the most likely approach to be
taken by a court. In such a case it is appropriate to argue by analogy and policy (a
relevant example is the position on telephone answering machine messages). However,
you must not produce an answer which is based purely on policy and which ignores the
law (the sort of work you might produce if you had not studied a law course at all). This
is known as “layman’s law” and must be avoided at all costs since it is likely to lead to a
fail answer.

5. Apply the law to the facts

Assess what the likely decision would be on this issue.

Note that there is often no right answer in legal problem questions because examiners
often use issues where there are uncertainties in applying the law. In
addition, insufficient factual information may have been given to make any firm
conclusion.

• Uncertainties in the law

It may be very difficult to apply the legal principle in question to the facts before
you, e.g. offer or invitation to treat? Or the application of the reasonableness
requirement in relation to exemption clauses under UCTA 1977.
However, you must identify:

• Any detailed factors or formulae that a court may take into account, e.g. Schedule 2
guidelines and case law factors under s.11 of UCTA 1977.

• Any details of the facts that will assist, e.g. the wording of a piece of correspondence
may be indicative that there was no definite promise to be bound – “may be prepared to
sell to you”.

• Insufficient facts

This is a feature in almost every problem question. If a client came to see you in person,
you would ask a series of more detailed questions.

Remember that if there are major questions of fact omitted from the problem you should
point these out and explain their relevance.

6. Avoid irrelevancy at all costs

Irrelevancy can detract from what you have said and it leaves you less time to say
something which is relevant, important, and effective – leading to an unbalanced
answer.

Remember that if something does not advance your answer to the factual
scenario actually set, then do not say it.

TIP – if you are asked to advise a named person in a problem question then try to
imagine that that person is sitting in front of you and is paying you for your time and
advice. This should help you to focus on what it is that that person actually wants to
know and then only explain, apply, and assess the law which is relevant to answering
this question.

Introduction and conclusion

Avoid introductions that are so general that they could have been written in answer
to any problem considering principles of contract law. Such introductions do not answer
the question set; they are unrelated to the specific issue raised. In particular, you should
avoid beginning your answer with a general summary of the law of contract.

For example: “In order to have a binding contract there must be an offer and an
acceptance. To be enforceable the agreement must be supported by consideration and
there must be an intention to create legal relations...”

Begin directly by considering the first issue raised and avoid general introductions
of the type you may previously have employed in subjects such as English and History.
Avoid simple and obvious statements that add nothing, such as “This problem involves
difficult issues of fact and law” or the introduction frequently encountered in the contract
law examination paper “This is a problem concerning contract law”.

You can conclude simply by summarising the outcomes for the parties you were asked
to advise – but only do this where you have not already given this type of conclusion at
the end of the application for each issue – or where you want to conclude with a
statement of the wider picture (i.e. all the issues taken together).

Use of facts

There is no need to repeat the facts of the problem in the answer unless you are making
use of them to identify expressly the basis for your identification of the legal issue. In
other words, they can be usefully incorporated as part of your discussion of the legal
issue and application. What you need to avoid is an answer that stops and starts by
returning to the facts in a manner that affects the flow of your answer.

• Case facts

There is often no need to go into the detailed facts of the cases you cite. In particular,
give only the name if the case is being cited as authority for a broad general proposition
of law and the facts are not particularly significant or helpful as an illustration.

You will, however, need to go into detailed facts where you are seeking to distinguish
the facts of the case in question from the facts of the problem or where there are
significant similarities of wording in the documents used in your problem to the words
used in a specific case, e.g. Holwell Securities v Hughes – “notice in writing to Dr
Hughes” was sufficient to require actual communication of an acceptance and thereby
oust the operation of the postal rule.

[Of course, your knowledge of case law is used when you identify the legal issues
raised by the facts so do not fall into the trap of thinking that case facts are not
important.]

Statements about the law

Avoid discussing at any length matters about which there can be no dispute, i.e.
established (and unquestioned) principles of law.

However, you must fully explain the law. What you say must be complete and make
sense on its own; you should not rely on the reader’s own legal knowledge to complete
the meaning. You should write as if the work were intended for a lawyer who knows only
a little about the area of law in question.

For example – it is unnecessary to state: “A House of Lords decision is of greater value

as a precedent than a Court of Appeal decision”.
Lengthy criticisms of the law are inappropriate in problem questions unless the analysis
of policy helps to determine the limits of the current rules. However, they are often
specifically called for in essay style questions and you should never ignore reform
proposals.

How to be successful

The formula:

FACTS - LEGAL ISSUE - LAW - APPLY

• Appreciate the legal issues raised

Understand the legal principles so that you can explain them convincingly.

• Balance

Be balanced in terms of your application and treatment of different issues, e.g. avoid
spending too much time discussing one issue which is fairly non-contentious, especially
where this is done to the exclusion of other more significant issues.

Avoid vague statements and unsupported generalizations since law is a precise and
detailed subject.

Mojekwu v Mojekwu: Facts, Issues &

Decision of Court
This is a summary of the case of Mojekwu v Mojekwu (1997) 7 NWLR (PT 512). Here,
you will finds the facts, issues and decision of the Court of Appeal in this celebrated
Nigeria case. I enjoin you to read this work painstakingly so that you will be able to
understand every information contained here.

It is worthwhile to know that the case of Mojekwu v Mojekwu (1997) 7 NWLR (PT
512), is a well-known Nigerian case where the Court of Appeal made a very significant
decision concerning the compatibility of the Igbo customary law and the Constitution of
Nigeria. In short, the court of held that the Igbo customary law was invalid because it was
not compatible with the constitution of Nigeria. Accordingly, the law was said to be
repugnant to natural justice, equity and good conscience.

As we continue, you will understand the reasoning behind this judgment and the position
of the law concerning customs and traditions currently.
Facts of Mojekwu v Mojekwu (Summary)
The facts of the case are as follows:

The appellant/plaintiff is the son of Charles Nwofor Mojekwu who died in 1963.
Charles Nwofor Mojekwu had one elder brother called, Okechukwu Mojekwu, who also
died in 1944. Okechukwu had two wives. One of his wives (Janet) had two daughters
while the other (Caroline, the respondent/defendant) had only one son (Patrick
Adina). Patrick died during the Civil in the North. He didn’t marry neither did he had
any surviving son.

The property in dispute in this case was owned by Okechukwu Mojekwu. He bought it
from the Mgbelekeke family of Onitsha under kola nut land tenancy system. It was
reported that the Nnewi custom provides that if a man dies leaving a male issue, his
property belongs to the child. If on the other hand, the deceased had no male child, the
father’s brother will inherit the property. Again, If the brother of the deceased dies
leaving sons, his sons will inherit the property of the dead cousin. In particular, the
Diokpala, which is the eldest of the sons will inherit the property.

Accordingly, when a man dies and subsequently his only son and brother dies, if his
late brother has sons, his first son will inherit the property. The son of the late
brother is called “oli-epke”. He inherits the assets and liabilities of the decreased.

Following this custom, the appellant/plaintiff inherited the property under the native law
of Nnewi. He equally paid the necessary Kola required to be recognized by the
Mgbelekeke family. Both the respondent/defendant (Caroline, one of the wives of
Okechukwu) the two daughters of the deceased uncle accompanied the appellant to
the Mgbelekeke family for recognition. The two daughters even signed the docket of
consent from the Mgbelekeke family as witnesses.

After the Civil War, the appellant went over to the Northern to stay there. The first wife
of Okechukwu, Janet, stayed at Nnewi. The appellant, in January 1970,
allowed Caroline the second wife to stay in the property and collect rents from all the
rooms.

On the first of April, 1982, Caroline (the respondent) started molding blocks on the
property in dispute without the consent of the appellant. The appellant stopped her, and
also made public notice that the property was not for sell.
He brought an action against the respondent at the High Court where he asked for a
declaration that he was the rightful owner of the property in dispute, that the
respondent was only entitled to be accomodated in the property in accordance with
the Mgbelekeke family of Onitsha Kola tenancy land tenure system of the Kola
tenancy law.

In the second set of alternative relief, the appellant asked for a declaration that the
respondent should pay all the money received as rent from April 1982 till the date of
delivery of judgment, that the respondent was only entitled to be accomodated subject to
good behavior and maintained from the property by the appellant during her life time in
accordance with the Nnewi native custom and Law.

Again, he asked for a perpetual injunction restraining the appellant, his savants, previes
from putting in tenants on the property, leasing, selling or alienating or any part thereof
without the appellant’s approval.

Issues raised in Mojekwu v Mojekwu

1. Whether the law applicable to this case is the personal law of the deceased or his
lex situs?
2. Whether Exhibit 1, the conveyance between Mgbelekeke family and the appellant
can be given in evidence, being an unregistered registrable instrument?
3. Whether the high Court was right to raise issues suo motu and resolving them
without allowing the parties to address him thereon?
4. Whether a court can grant a relief sought by a party for which there is no
avermemt in support thereof in his pleading?
5. Whether the trial judge failed to evaluate the evidence before him that the
appellant is the surviving male issue in the Mojekwu family who is entitled to
inherit the property in dispute according to the Nnewi native law and custom?
Decision of the court in Mojekwu v Mojekwu
Dismissing the appeal, the court of appeal held that Nigeria is an egalitarian society
where the civilized sociology does not allow the discrimination against women.
However, there are customs all over which discriminates against the women folk; which
regard them as inferior against the men folk. This should not be so as all humans, men or
female, born into a free world and are expected to participate freely without inhibition on
grounds of sex. Thus, any form of social discrimination on grounds of sex, apart from
being unconstitutional, is antithesis to a society built on the tenets of democracy.
In light of the above, the court held that the oli-ekpe custom which allows the son of
the brother of a deceased to inherit his property to the exclution of his female
children was discriminatory and incompatibility with the doctrine of equity.

Before this decision was reached by the court of appeal, it was agreed that based on the
Oli-epke custom of the Nnewi people, the appellant was the rightful owner of the
property. However, since this custom is inconsistent with section 14 of the 1999
constitution, it was incompatible with the constitution.

In answering the first question before the court, it was clearly stated that where the
peronal law and lex situs of a person is in conflict in respect to land the applicable law is
the lex situs. In this instance case, the lex situs, which is the Mgbelekeke family Kola
tenancy law applies.

On the issue as to whether Exhibit 1, the conveyance between Mgbelekeke family and
the appellant can be given in evidence, being an unregistered registrable instrument. The
court held that where a purchaser of a land or a lesee is in possession of a land by virtue a
registerable document which has not been registered, and has paid the purchase money to
the vendor, the purchaser has acquired an equitable interest in the land which is as good
as a legal estate and the legal interest can only be defeated by a purchaser of the land for
value without notice of the prior equity.

More so, on the issue as to whether the high Court was right to raise issues suo motu and
resolving them without allowing the parties to address him thereon.

The court of appeal unanimously promulgated that it is not every case where the court
raises an issue suo motu that an appeal will be allowed. The court further explained this
by given two exceptions where a court is allowed to raise issues suo motu.