GUIDELINES USING IRAC IN ANSWERING LAW QUESTIONS

How to use IRAC in answering law questions. 

I : Issue

R : Rule

A : Application

C : Conclusion

This is the question:

Mr Daniel Kiss is a seasoned Fuji musician, he heard of the 10th year wedding anniversary of his long-time friend, Mr Starboy, who wanted to celebrate it in a big way. Mr Daniel Kiss was actually at the ceremony and was delighted to have been called by Mr Starboy to perform at the ceremony. The performance was adjudged by many people at the ceremony to be superb.

After the performance, Mr Owolabi, who was highly impressed, promised to pay Mr Daniel Kiss a sum of 500,000 naira as a reward for his performance. However, Mr Owolabi didn’t pay this sum and Mr Daniel Kiss instituted an action to get the money.

Advice Mr Daniel Kiss on the chances of success or otherwise of his action.

IRAC is used to solve a problem question and this is how to apply it.

Issue

To determine the issue in a problem question, you have to look for the area of conflict. The conflict in a problem is where there is a disagreement. Looking at the scenario above, "conflict"

After the performance, Mr Owolabi, who was highly impressed, promised to pay Mr Daniel Kiss a sum of 500,000 naira as a reward for his performance. However, Mr Owolabi didn’t pay this sum and Mr Daniel Kiss instituted an action to get the money. 

The conflict involves a promise to pay for an action that has already occurred in the past. So therefore the issue here is a past consideration.

With this in mind, we can formulate the issue in this question as:

Whether or not Mr Daniel Kiss’ performance was past consideration for Mr Owolabi’s promise?

 Or you can say whether or not Mr Daniel kiss performance is a valid consideration for Mr Owolabi's promise?

There are some things you should notice in the structure of the issue. Note that it makes use of “Whether or not”. This is due to the fact that in court cases, issues are usually couched in the form of questions.

The rule : Akenzual II v Benin Divisional council reflect this position of the law. In this case the plaintiff at the request of the defendant used his influence to persuade the A. T & P company to release to the defendant the four forest areas, over which the company had concession. After succeeding the plaintiff requested for one of the areas from the defendant for his own exclusive use which the defendant consented, but later withdrew the consent. In a suit by the plaintiff to enforce this promise against the defendant, the plaintiff argued that the release of the areas that it was his influence. The court held it was a past consideration

The application here is that the rule will be applied with the question given above that is Mr Owolabi promise to Mr Daniel Kiss is a past consideration

The principle of law regarding this is that past consideration cannot support any claim in a contract. An act performed by a plaintiff before the promise from a defendant is called past consideration. Since the act is done before the promise it cannot support the enforcement of it by the court.

Conclusion : At this stage you are to advice both parties. That is, Mr Daniel Kiss is advised that any legal action to enforce against Mr Owolabi's promise will not succeed. Mr Owolabi is advised that he will not be liable in contract for the promise. The position of the will have been different if promise was made before the performance.

By: PHELIXBOSHE

EMAIL: phelixboshe@gmail.com