HOW TO ANSWER A PROBLEMATIC QUESTION?

Problematic question is a type of question that hampers many

students during examination. It is purported to gauge the students
comprehension and knowledge pertaining to a certain subject. To be
specific, it measures students insight and capability in applying the
theories into practice. Hence, without the correct method and technic,
students will be panic and thereby lose considerable marks. Bearing in
mind, the problematic question may be as long as a couple of paragraphs
or with only 2 or 3 sentences depending on the subject matter. In this
paper, I lay down several pieces of advice on how to tackle this type of
question.
In a legal study, there are four steps that shall be considered while
answering a problematic question among others;

i) Introduction/summary of the case

Students are advised to summarize the case given but not to
rewrite. Just paraphrase the case within 2 or 3 sentences. This
is considered as a warming up session before stepping into
the next phase.

ii) Issue of the case

In this section, students begin to identify the issue/problem
that faced by the parties in the case study given. There may
be lots of issues but try to extract the most prevailing one.
The issue must be specific and not so general. For instance,
when a student answers whether Ah Chong is entitled to
damages (general) as compared to whether Ah Chong is
entitled to damages as a result of fraudulent contract done by
Ah Chai. (specific)

iii) The Law

One of the tips to know whether your issue is correct or not
depends on the existence of the law relating to that issue. In
other words, the issue and the law must synchronize to each
other. The law may consist of either statute or case law.

iv) Conclusion
This is the pinnacle of your answer whereby you have to
conclude the case based on the issue and the law that you
have submitted. Kindly, refer back what the question ask you
whether to advise, decide, justify and so on. Always, students
overlook to response what was being asked before.
Sample Question

Anis and hanan are best friends. One day, Anis agreed to sell her jewelry
that she bought two years ago worth RM 1 million for at a discounted price
of RM 10 to Hanan . Later on, Hanan while in need of money resold the
jewelry to his another best friend Najwa for RM 2 million.

Decide the validity of the contract between Anis and Hanan.

Sample Answer

Step 1 : Introduction
This case is about a contract of sale between Anis and Hanan. The
former sold her jewelry to the latter at a very low price of RM 10 which
was previously bought for RM 1 million.

Step 2 : Issue
The overriding issue of the above case is that whether RM 10 for
jewelry is considered as an adequate consideration as to render the
contract to be valid and thereby enforceable between Anis and Hanan.

Step 3 : the Law

Legally speaking, consideration is one of the pillars of a valid
contract. In the Malaysian context, it needs not to be adequate in order for
a contract to be enforceable. It is neatly laid down in the Explanation 2
to section 26 of the Contract Act 1950 which says an agreement to
which the consent of a promisor is freely given is not void merely because
the consideration is inadequate. Thus, if a buyer purchases a product
worth RM 1 million for only RM RM 10, the contract is still valid and
enforceable. However, the court will look to the issue of free consent when
determining the case of inadequate consideration.

Step 4 : Conclusion
By applying the law to the existing case study, I am of the opinion
that there is no evidence that the consent was not given freely by
Anis (promisor) to Hanan (promisee). Thus, it is submitted that by
virtue of the Explanation 2 to section 26 of the Contract Act 1950, the
contract of sale between Anis and Hanan is thereby valid and
enforceable though RM 10 is by far inadequate consideration for the
jewelry worth RM 1 million.