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Workplace Law essay

for Q2, i want to see the case laws for the application part, like which case law did the writer refer against to, and for the R, it stands for relevant law instead of rule,
follow accordingly to the IRAC document

In problem questions you will be given a set of facts and asked to advise one or more parties on their legal position. The IRAC approach to answering the question is as follows:

1 Identify the legal issue raised by the question

This can be done by the use of headings or by posing a question. For example, is there a valid contract between A and B?

2 State the relevant legal rule (giving authority, ie case or statute)

This step lays the foundation necessary for you to answer the question you have posed in step 1. You will set out the relevant law, referring to the section(s) of a statute or the case(s) which contain the legal rule. (It may not always be sufficient to refer to statute law alone. You may also need to refer to case law explaining the meaning of the words or phrases used in the statute)

3 Apply the law to the facts of the question

You have cited certain statute or case law in step 2 for a reason. You have done so because the facts presented to you in the question have brought to mind the statute or case. What you must do now is show a link between the facts of the question and that statute or case law.

You need to explain why the legal rule or principle established by the statute or case law should be applied to the facts of the question (be sure to fully explain your reasoning). If referring to statute law, you should explain how each element of the statutory provision (or section of the statute) has been satisfied. If referring to case law, you must highlight the similarities between the facts of the precedent case and the facts of the question. Alternatively, you may wish to highlight one or more important differences between the precedent case and the facts before you, in order to explain why, on closer analysis, the legal rule established by that case should not apply on the facts set out in the question.

4 Come to a conclusion

In this step you should sum up what you have said in steps 2-3, before saying what you think is the correct answer to the question posed in step 1. (Source: Business Law by A Ardagh, Butterworths, 2001).

It is likely that before you can answer the general legal issue raised by the question, you will need to address a number of more specific legal issues. For that reason you will normally need to go through these steps several times (or more) in the course of an answer – that is identify a legal issue, set out the relevant law, apply the law to the facts of the question before concluding on that issue and then going on to the next issue. In other words, you should not have one section of your answer setting out all the legal issues raised by the question, followed by one section setting out all the relevant law and so on – that will be difficult for the marker to follow and consequently may lose you marks


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