How To Answer Questions Using The HIRAC Method

How To Answer For Questions You Have To Use Hirac Methodso How Do I

How to answer for Questions (you have to use HIRAC method) So how do I answer a HIRAC problem question? For each topic, you will be provided with a ‘guide to problem solving’. This ‘checklist’ will assist you to identify the relevant points which you will need to consider when answering the problem questions. When answering legal problem questions generally, it is recommended that you use the HIRAC method. If you are not familiar with the HIRAC method, please read the following explanation so that you can draw upon this method when answering legal problem questions.

HIRAC simply stands for Heading, Issue, Rule, Application and Conclusion. That is: H – Heading Identify the major theme as your heading. I – Issue State the legal issue raised. R – Rule Your next sentence will be a statement of the legal rule(s) or principle(s) that applies to the situation. State the principle clearly and concisely in your own words, and indicate the case or legislation that is your primary source of that principle.

A – Application Your next sentence should be your application of the law – that is, you apply the legal principle to the facts in the problem. This is where you can draw heavily upon the case law. You could use the following ways to apply the legal rule: • The legislation could be interpreted to mean … which would apply to these facts because … • B would need to argue that … • What B would need to show is … B can show this because …[refer to relevant facts]. • There is not sufficient information, but B would only successful if she could demonstrate that … then … • In the facts given, B has …. This is similar to the facts in A v B where the court concluded that …. • Unless A could demonstrate that … then … • A would not succeed unless … • A would only succeed if …

C – Conclusion This last part is where you state your conclusion. That is, what is the result when you’ve applied the legal principle to the facts you’re given? For example, is there a bailment or not, has A breached the relevant legislation, does B have a legal remedy? When doing this, have regard to which (if any) party you have been asked to advise. You could use the following ways to state your conclusion: • It could be argued that… • It is arguable … • I would advise B to argue that … • It would be possible to conclude that … • It is unlikely that …

Finally – revise your answer Once you have finished writing your answer, ask yourself the following questions. 1. Did you prepare a plan before you started writing your answer? 2. Did you answer the specific question/s asked by the Problem / assignment? 3. Did you support your answer by referring to the relevant legal principles? 4. Did you support your answer by referring to the correct and most relevant authorities (primary sources – cases and legislation)? NB. There may be case law and statute law that applies to a problem. Which is the most current law? 5. Have you applied the law to the relevant facts given in the problem? 6. If you’ve made some assumptions because you weren’t told all of the facts you needed to know to answer the question, did you clearly state those assumptions? 7. Is your written answer well-constructed? • Is it logical? • Have you used clear ‘everyday’ language? HIRAC Example Below is an example of a problem question answered using the HIRAC structure. Brown’s Steel searches the internet for a new lathe. An Australian supplier is located which promises delivery in two days. The manager downloads and completes the necessary on-line document and clicks the ‘I agree’ button without reading all the terms. Two days later when the lathe is delivered, Brown’s Steel is advised that it is responsible for the delivery costs. When the manager complains, he is told that the cost of delivery, and the fact that the purchaser was responsible for this cost, was included in the on-line conditions. Advise Brown’s Steel Heading This is a problem dealing with e-commerce and ‘click wrap’ contracts. State the basic area of law Issue/s Is there an enforceable contract between Brown’s Steel and the Australian Supplier? Specifically, is the term regarding delivery costs enforceable?

Try to phrase this in legal terms – rather than just asking ‘does B have to pay the delivery costs’ which is clearly what B is worried about, think ‘if this case came before a court what legal issue(s) would the lawyers be arguing about?’ Here B would be trying to argue that the contract (or that particular term) was not enforceable. This is important because getting the right issue helps you focus on what rules are relevant and what facts are important in the application) Rules The relevant law which applies is the law where the material was downloaded (Dow Jones v Gutnick). In ‘click wrap’ contracts, parties may be bound by the terms and conditions by clicking the ‘I agree’ button (Hotmail Corp v Van$ Money Pie, Caspi v Microsoft Network) Condense the rules. Keep them simple and to the point. Try to avoid quoting from cases or legislation, put it in your own words. Start with a broad principle (ie to establish jurisdiction) and then work your way down to the more specific rules – do not include the facts of the cases just the relevant rule – this could be case law and/or legislation. Application The appropriate jurisdiction for this matter is the Australian courts as both companies are Australian and the internet agreement was downloaded in Australia. Although there have been no Australian decisions about ‘clickwrap’ contracts, it is likely that Brown’s Steel will be bound by the terms and conditions of the downloaded agreement by virtue of the manager clicking the ‘I accept’ button even though he did not read the terms. This is provided all requirements regarding formation of contract have been complied with. There is nothing in the facts which suggests that this is not the case. Refer to the specific facts to explain why/how the rules apply to the scenario ie both companies are Australian thus…., the manager clicked the ‘I agree’ button, thus… This is also the part in which you can refer to facts of cases if they are relevant – ie to explain why B may be bound by a rule (the facts are very similar to x v y or to try to distinguish why B may not be bound by a rule – ie x v y involved fraud so not applicable to B. Conclusion The term is enforceable against Brown’s Steel, even though the manager was unaware of it. Brown’s Steel is liable to pay the delivery costs. Be specific – include the practical consequence – tell your client what the outcome is most likely to be based on the law.