ILAC SAMPLE METHOD Teresa Clyne Lecturer in law
Transcription
ILAC SAMPLE METHOD Teresa Clyne Lecturer in law
ILAC SAMPLE METHOD Teresa Clyne Lecturer in law and forensic psychology ILEC SAMPLE METHODS The ILAC method of answering law questions is the single best way that I have found to help students to deal with all aspect of answering the question incorporating all of the essential elements. Spencer, a mechanic, was shopping in Do It Yourself Ltd when an overhead shelf collapsed and the contents of the shelf fell on Spencer. As a result of this accident Spencer suffered a broken pelvis and spent five weeks in hospital recovering. As a result of his hospitalisation, Spencer (who is self-employed) was unable to complete a number of mechanical projects that he was working on, and also could not take on new clients (as he was unsure as to how long his injuries would prevent him working). In addition, Spencer (who also models in his spare time) was due to compete in Ireland’s Hunky Mechanic competition a week after the accident. This competition was offering a top prize of €8,000 cash and a holiday to Tahiti. Because of his injuries he was unable to compete in this competition. Prior to the competition the bookies were tipping Spencer as the favourite to win this competition. Spencer is planning on suing Do It Yourself Ltd for his injuries and in this regard he seeks your advice: A. In the context of the law of negligence, discuss the concept of remoteness of damages and assess whether Do It Yourself Ltd are obliged to compensate Spencer for his personal injuries, his loss of income and his loss of future income. As he was the bookies favourite Spencer is also considering suing Do It Yourself Ltd for the loss of the €10,000 cash and the holiday to Tahiti. State whether this loss is likely to be recoverable by Spencer. Outline the statute of limitations within which Spencer must bring his claim against Do It Yourself Ltd. ILAC SAMPLE METHOD What are the facts? Even if you are not requested to submit a list of facts in your answer, it is a good idea to write one. This will help you sort through the facts you have been given and determine which facts are relevant DO NOT SUBMIT THIS, THE MARKER/EXAMINER IS VERY AWARE OF THE FACTS • Who? • What? • When? • When? • Why? Who is involved? (identify parties specifically by name, if possible) SPENCER AND THE DO IT YOURSELF LTD. Who suffered? SPENCER How? AN OVERHEAD SHELF COLLAPSED AND THE CONTENTS FELL ON HIM Why? (was is avoidable?) IT COLLAPSED What is the known (relevant) information? Customer was in a store when the contents of an overhead shelf fell on him. Is there any missing information? Unsure of the safety precautions used by the store. Include specific details like dates and monetary figures - lost wages (unknown amounts) 8,000 and a holiday Note: Reread the question at the end of the case study. This will tell you what you are supposed to be doing and it will help you determine which facts are relevant. ILAC SAMPLE METHOD ISSUES FACTS LAW Issues Identify the problem: what has gone wrong and for whom? Spencer has been injured by falling stock Name each Plaintiff and Defendant and briefly describe their individual issues the plaintiff was in the hardware store when he was injured by falling stock with was the responsibility of the defendant Work out what area of law may govern the resolution of the problem. Law of Tort, Negligence This could include, but is not limited to the following bodies of law Contract law (be specific about which part) A company law issue (e.g. breach of director’s duty) Negligence Criminal Law Constitutional Law Law of Tort Negligence /remoteness of damage Assignments generally relate to one area of law but the assignment will usually raise a number of issues within that general area. Identify any conflicting or troublesome facts The competition win is not guaranteed Note: Assessment tasks are set around the work that you have done in class or will do in class. You are not expected to go outside the content of the unit but you are expected to explore it Law or principle Set out the legal principles that will be used to address the problem. Negligence, remoteness of damages, the statute of limitations Source legal principles from cases and legislation. Reasonable forsseeability, the Wagon Mound Note: Make sure you are specific when stating the relevant law/rules that apply, and always make sure to support propositions with case authority. ILAC SAMPLE METHOD Application Explain in detail why the Plaintiff’s claims are (or are not) justified, based on the body of law pertaining to the case. A duty of care exists between the parties, How will this law be used by each party to argue their case? (plaintiff) A duty of care, duty breached, causation, reasonable foreseeability of the damage caused of a high shelf collapsed that this injury could occur. Use relevant precedent cases or Legal Principles to support each answer. The Wagon Mound, reasonable forseeability You may also choose to use Legislation, when applicable. the statute of limitations act There are often several Plaintiffs involved. Take the time to examine each case individually and analyse why their claims are (or are not) valid. N/A Legal Principals and precedent cases are used in each analysis, even if there is overlap among Plaintiffs (the same precedent can be applied to both parties,) Note: Take time to discuss the contentious aspects of the case rather than the ones that are most comfortable or obvious. As the competition is just that there is no way of knowing if spencer would have won this, therefore the holiday and 8,000 he will not be compensated for. Comment [MTC1]: The contract between A and B is void because… . Conclusion Stand back and play ‘the judge.’ Usually a one sentence statement is enough Choose the argument you think is the strongest and articulate what you believe to be the appropriate answer. Reasonable foreseeability, wagon mound, reasonable and prudent shop owner. The statute of limitations act State who is liable for what and to what extent. The shop owner is liable, but only for the lost wages, or medical bills, not the holiday or prize money. Consider how parties could have acted to better manage their risks in order to avoid this legal problem. Items at a height should be smaller or lighter or on extra strong shelves. Do you need to include remedies? Now you are ready to start your answer, you already have all of the facts now so structure all of the above and start writing. Comment [MTC2]: