LAW2102 · Contract B
How to Pass Contract B: IRAC & the Remedies Spine
Contract B is examined almost entirely on one skill: running unfamiliar facts through the IRAC method in an open-book setting. This orientation chapter sets up the two things every later chapter assumes — the IRAC pipeline (Issue → Rule → Application → Conclusion, with the bulk of the marks in Application) and the 'where are we?' map of the whole unit: termination → remedies → frustration → vitiating factors → the ACL. Get the map and the method right and every doctrine becomes a slot you can fill under exam pressure.
What this chapter covers
- 011. Why open book changes everything — marks for application, not recitation of case facts
- 022. The IRAC pipeline: Issue → Rule → Application → Conclusion (Application = most marks)
- 033. Issue-spotting against a checklist — spot every arguable issue, note the non-issues
- 044. Stating the Rule with authority — case keyword in brackets, section number for statute
- 055. Application — analogise AND distinguish the facts; raise the counter-argument
- 066. Conclusion — a clear tentative answer on each issue; don't sit on the fence
- 077. The Contract B spine: termination → remedies → frustration → vitiating factors → ACL
- 088. 'Advise X' technique — objective balanced advice; state missing facts and their effect
How a single 'Advise' issue is marked under IRAC
- 2 marksIssue. Name the precise legal question: has the supplier repudiated, and if so what are the buyer's options and remedies? Spotting the right issue (and not chasing irrelevant ones) earns the first marks.
- 2 marksRule. State the test with authority and stop: repudiation is conduct evincing an unwillingness or inability to perform (Carr v Berriman; Shevill); a clear renunciation before performance is due is anticipatory breach, triggering an election to affirm or terminate. Do not narrate the facts of the cited cases.
- 3 marksApplication. This is where the marks live: 'We won't be able to supply you' is an unequivocal renunciation, analogous to a clear refusal in Carr v Berriman, so the buyer need not prove a condition was breached. Note the counter-argument (could it be read as a negotiating posture rather than a final renunciation?) before resolving it.
- 1 markConclusion. Reach a clear tentative answer: the supplier has repudiated, so the buyer may elect to terminate and sue for loss-of-bargain damages, or affirm. Commit to a position rather than leaving it open.
Key terms
- IRAC
- Issue → Rule → Application → Conclusion — the four-step structure of every Contract B exam answer. Application carries the most marks; reciting case facts carries almost none.
- Issue-spotting
- Reading the facts against a mental checklist of the unit's doctrines to identify every arguable legal issue (and to note, briefly, the issues that are NOT raised). Breadth of issue-spotting is rewarded as much as depth on any one issue.
- Open-book exam
- An exam in which you may bring your materials. Because memorising cases earns little, the marks shift to application — so the winning kit is an issue checklist and a decision-tree per doctrine that you can use fast, not a wall of case summaries.
- Authority
- The source you cite for a rule: a case keyword in brackets (e.g. (Robinson v Harman)) or a section number for statute (e.g. s 18 ACL). Stating the rule with authority is the Rule step; you do not need the full citation or the case facts.
- The Contract B spine
- The unit's 'where are we?' map: termination (by agreement, for breach, for repudiation, for delay) → remedies (damages, liquidated damages/penalties, specific performance, action for debt) → frustration → vitiating factors (common law: duress, undue influence, unconscionable dealing, rescission; statutory: ACL s 18, ss 20–22, remedies). Use it to place any fact pattern.
- 'Advise X'
- The exam instruction style: give objective, balanced advice to the named party (not advocacy). Where facts are missing, state what further facts are needed and what difference they would make. Assume Victorian law where state law is required.
How to Pass Contract B: IRAC & the Remedies Spine FAQ
What exactly is the IRAC method and why does it matter so much?
IRAC is Issue, Rule, Application, Conclusion — the structure every exam answer follows. It matters because the marking scheme tracks it: you earn marks for spotting the right issues, stating the test accurately with authority, applying and distinguishing the cases on the facts, and reaching a clear conclusion. The single biggest swing is Application, so an answer that states the rule briefly and then argues the facts hard beats one that recites case facts.
If the exam is open book, what should my materials look like?
Lean and navigable, not exhaustive. Bring an issue-spotting checklist, one decision-tree per doctrine (the 'can I terminate?' tree, the penalty flowchart, the vitiating-factors menu, the s 18 checklist) and a one-line test-plus-keyword for each rule. The goal is to spend exam time applying the law, not reading. A folder of long case summaries actively slows you down.
How much should I write about the facts of the cases I cite?
Almost nothing. The examiner knows the cases; reciting their facts wastes time and earns no marks. State the rule with the case keyword in brackets, then use the case by analogy or distinction — 'this is like X because…' or 'unlike Y, here…'. That comparison is the application the marks reward.
How do I handle missing facts in an 'Advise' question?
Do not invent them. Identify the missing fact, state what further information you would need, and explain what difference each possible answer would make to the advice. This shows the examiner you understand which facts are legally decisive and is explicitly rewarded in the 'Advise X' style.
How do the topics fit together?
Follow the spine. A typical fact pattern starts with a breach (is there a right to terminate, and on what basis?), moves to remedies (damages, penalties, specific performance or debt), and may raise frustration or a vitiating factor (duress, undue influence, unconscionable dealing, or the ACL). Learning the map first lets you place any scenario and decide which chapters' tools to reach for.
Exam move
Use this chapter as your control panel. First, memorise the spine so you can locate any fact pattern in seconds — most exam scenarios travel termination → remedies → (frustration or a vitiating factor). Second, build your IRAC muscle on small problems before tackling full common-fact papers: for each, write a two-line Issue, a one-line Rule with a case keyword, a paragraph of Application that both analogises and distinguishes, and a one-line Conclusion. Third, assemble the open-book kit you will actually carry — an issue checklist and a decision-tree per doctrine — and rehearse using it under time, because the exam tests how fast you can apply, not how much you can recall. Finally, practise the 'Advise' register: balanced, objective, missing-facts flagged, Victorian law assumed.
