(1) Stage 1: correct analysis of the constituent parts of the problem question (a) Identify the FACTS given—place on a tree diagram. (b) Identify the primary and secondary LEGAL ISSUES raised by the facts, available defences and doubts in the law. Place on a tree diagram of the issues. List the issues under the facts. (c) Consider the LAW THAT MAY APPLY. The first task is to read the question and determine the topic. The problem chosen is contract. In an examination the speed with which a problem question is narrowed to a topic and then to issues within that topic can be of exceptional importance since time is of the essence. (Part of the technique is having engaged in consistent study techniques so you are up to date in your course study and your revision if an examination is involved.) You should have a clear idea of the areas of doubt where currently the law is unclear, as often this is the area in which problem questions will be located. The first stage of analysis involves a combination of linguistic ability and legal knowledge. The problem question can be underlined and issues drawn out in a very simple first reading. This combination is demonstrated in Figure 8.2, below. The words that are the clues to the legal issues are boxed and arrows leading from these words begin to discuss the legal issues raised. There are two things to note in a problem question like this one that comes with two labelled parts (a) and (b). You must answer both parts unless instructed clearly that candidates are to answer either (a) or (b). Many students can fall here and assume there is a choice. Do not exercise a choice unless this is clearly given otherwise you could lose half of the marks going for the problem question. As can be seen a lot has been done to interrogate the question and divide it into its parts. It is important to break the question down into its constituent issues, so that the context of (a) and (b) can be appreciated. (2) Stage 2: begin to work on discrete aspects of the problem question What should also be apparent is that you need to have a view as to whether a contract has been concluded between Cedric and Dorothy, and if so when, before (a) or (b) can be answered. The issues to be considered can also be set out as a narrative. These are: (1) What is the effect of Cedric writing to Dorothy to offer to sell the coin? (2) What is the effect of Dorothy’s letter? (3) What is the effect of Cedric’s two suggested responses: (a) that he ignored Dorothy’s letter; (b) that he put a sticker on it saying sold but Dorothy did not collect it? It should by now be apparent it was not the first time that the issue revolved around whether there has in fact been a contract concluded. The answer to this is dependent upon whether an offer and an acceptance can be located, and if so where they stand.