momentum week 5

More documents

Recommendations

Info

IN THE TEST Material Facts • look out for facts that prove or disprove elements (bringing or collecting anything on land this is likely to cause mischief, non-natural use of land) that need to be fulfilled in order to find your client liable. This is because these are the facts that if changed, will change the outcome. You are likely to be given a fact scenario that is very similar to one of the main cases you have studied in class (though they may change some material facts). Issue • ’Whether … when’ structure • Use this to incorporate significant material facts • Identify the umbrella/broad issue first, then identify sub-issues. You will need to follow the IRAC structure for each sub-issue. Relevant Law/Rule • Identify relevant authorities and state why/how they are relevant – it is not enough to just state that the case might be relevant Application • Develop reasoned arguments, and make sure that you have a strong logic chain • reasoning by analogy • deductive reasoning (E.g. rule, your situation, conclusion) • if an additional material fact would significantly change the outcome, state what the fact is and how it would impact the outcome • Consider both sides of the argument for contentious points Conclusion
DONOGHUE V STEVENSON Summary • A friend buys ginger beer from a shopkeeper • A partially decomposed snail is poured out after some of it has been drunk • The plaintiff suffered bodily injury and shock • The glass was opaque
Page 1 and 2: LAW131 WEEK 5
Page 3 and 4: RYLANDS V FLETCHER Summary • A re
Page 5: RYLANDS V FLETCHER Even if all elem
Page 9 and 10: PROVING NEGLIGENCE • Duty of Care
Page 11: MARKING GUIDE - HIGHER GRADES • F

momentum week 5

Create successful ePaper yourself

Delete template?

Save as template?