Apply the relevant statutory provisions and case law

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Unformatted text preview: madio) 15 16 How to answer a legal problem How to answer a legal problem How to answer a legal problem 4. Apply the relevant statutory provisions and case law principles to the facts • Apply the relevant statutory and/or case law principles to the facts of your problem Saying what the legal principles you have identified mean to the facts of your problem and what the effect of these legal principles will be on the rights and obligations of the parties in your problem Key part of the process of reasoning that leads to a conclusion both in a legal problem question and in an actual court case 1. Identify relevant facts What are the key facts that are relevant to the problem? 2. Identify key, relevant statutory provisions and case law principles NOTE: you should provide the name/section of any relevant legislation and the names of any relevant cases in your answer 3. Note similarities to (follow) or differences from (distinguish) prior cases • • How to answer a legal problem How to answer a legal problem 5. Reach a conclusion based on the application of the statutory provisions and case law principles to the facts • Remember: • Say what your conclusion is • The fact that a subsequent court can overrule the decision of a previous court demonstrates that there is no absolutely correct answer to legal problem questions • More important than the conclusion you reach is the process of reasoning that led you to that conclusion How to answer a legal problem In your discussion/answer, you must include references to relevant statutory provisions (legislation name and, where possible, section numbers) and case names Capacity NOTE: • Presumption that everyone has full legal capacity • Lack of capacity will invalidate the contract Attending your tutorials is critical! 22 Capacity Consent Classes of persons subject to incapacity: • Minors • Mentally ill • Intoxicated • Corporations See Latimer at ¶5-510 to ¶5-570 Is there genuine consent? • Ask “what have the parties agreed to?” • There must be genuine agreement between the parties to a contract as to its nature and scope 23 24 Proper Form Privity of contract • Consider - are there any statutory procedural requirements that need to be satisfied? • Means ‘part of’ • Only a party to the contract has any rights under the contract • Similarly, the contract only imposes obligations on the parties to the contract • Case: Beswick v Beswick • A lack of compliance with the required formalities may make the contract void or unenforceable See Latimer at ¶6-260 25 Agency 26 Agency: definition Exception to doctrine of privity The legal relationship between one person, the AGENT (“A”) having authority to act, and having consented to act on behalf of another person, the Principal (“P”), places the Principal in a contractual relationship with a Third Party (“TP”) • An agent: perso...
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This note was uploaded on 03/11/2014 for the course LEGT 2741 taught by Professor Leena during the Three '11 term at University of New South Wales.

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