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Summary of 5 pages for the course Property Law at UoW (exam prep)
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RevisionLet's Start with the Exam…
50% of your grade for this module (can make all the difference!)
3h ONLINE exam.
Open book BUT you will not have time to relearn the law! You may have time to look something up quickly, but you will
need to show your UNDERSTANDING of how the law applies.
If you’re quoting- MAKE SURE TO REF THE SOURCE!
You need to answer 3 questions:
One PROBLEM QUESTION
One ESSAY
One question of your choice.
You will have a choice of 3 PQ and 3 essay questions.
DO NOT JUST PREPARE 3 TOPICS - if you cannot answer one of the questions, this will massively impact your grade.
Answering a Problem Question
- Step 1: Read the scenario
Sounds obvious, but nerves will kick in, you will be under a time pressure, and you might miss some info (which will then
impact the accuracy of your advice).
Make sure you read through carefully – take your time.
Highlight key bits of information.
Drop down any case names which instantly spring to mind in relation to the fact.
EVERY BIT OF INFO IS IMPORTANT – it might make a HUGE impact on the outcome. Do not ignore anything, which you
think is significant.
- Step 2: Plan your answer
You may feel like it is a waste of your time - but it is actually a massive time saver.
It will prevent you losing your way later on when you get started, and it will mean you do not miss anything.
Make a plan in the IRAC style:
I: Identify each legal problem
R: The legal rule and make sure you have a case to go with it.
A: How this rule will apply to these particular facts. This is where you cash in a lot of marks, and it is something which
you may overlook.
C: One sentence to provide an answer to the legal issue.
YOU DO NOT GET MANY MARKS FOR THE CORRECT OUTCOME.
Majority of the marks come from how you got to the answer and the process you followed.
Therefore, even when you know the outcome as soon as you read the scenario, you need to follow the process and still
unpick all the legal problems within.
Remember, you are helping your client understand the legal position, a person who never studied law. It is not good
enough to say that they will/ will not be successful – you need to tick all the boxes in between.
- Step 3: Write it
The plan will massively help with this part!
Make sure you follow through logically in the order that you address each legal issue.
Of course, this goes without saying, you need to use full sentences and formal language.
Equally, make sure that you stick to IRAC – it may feel like at times you’re repeating yourself, but if you go with IRAC you
cannot be faulted. The marker can just be thought of as a ticking exercise.
, To get the top marks, you need to show you actually read the judgments and show an excellent understanding of the
law.
- Step 4: Check it
Make sure you save 5min per question to do a read through at the end.
Under time pressure, you might make silly mistakes which you can correct at the end.
Fixture and Fittings - Structure for a Problem Question
Example Question
Mrs Ottorby, having recently retired, has decided to sell her home so that she can spend her retirement enjoying the
sunshine in Portugal. She inherited the house from her parents, who had inherited it from her grandparents. As a result,
the house still has many of the original features from the year it was built (1889). Mrs Ottorby has quite unusual taste,
and so the home is filled with an assorted mix of both old and very new features and items of furniture. Mrs Ottorby
approaches you for advice, prior to accepting an offer from a Mr Netley, who seems really keen to proceed with the
purchase. Mrs Ottorby is curious to know whether she is entitled to take with her the following items:
Several packs of ornate bathroom tiles, which match the existing main bathroom. The tiling of the main bathroom has
only been partially completed, and Mrs Ottorby knows that Mr Netley must have spotted the tiles, as they were stacked-
up in one corner of the large bathroom.
Mrs Ottorby had recently paid large sums for fine hand-made curtains to be custom sewn for every window in the
house, as the windows are strange sizes, making it impossible to simply buy standard ‘off-the-shelf’ curtains from a
store.
An original fountain from 1889, which forms the focal-point of the formal gardens. The fountain is plumbed-in, but is
small in size, and could be removed with relative ease. Mr Netley was heard to say that the fountain was hideous and
would be the “first thing to go”.
A brand-new designer fridge-freezer, costing around £900, which makes the kitchen look much more up-to-date
considering that the room as a whole is actually quite run-down.
Advise Mrs Ottorby as to whether she is entitled to remove these items from the property when she moves.
Would your advice differ if the fountain was modern?
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