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Problems: For EUT440 Students Guideline For Answering Problematic Law Questions
Problems: For EUT440 Students Guideline For Answering Problematic Law Questions
Identify a problem that has occurred for one or more of the parties. That is, what has gone
wrong? Who has suffered?
Work out what area of law may govern the resolution of the problem.
Set out the legal principles that would be used to address the problem. These are sourced
from cases and legislation. Sometimes, the questions already guide the students to give
their answer by referring to specific cases and legislation. For example: .Support your
answer with the relevant provisions of the Contracts Act 1950 and ONE relevant decided
case.
(3) Analysis
Understand each different partys perspective, i.e. what each would argue to win (i.e.
achieve a fair outcome) [either as a plaintiff bringing a claim or as a defendant successfully
defending itself against the plaintiffs claim].
Test the legal arguments of the parties (based on legal principles and precedent cases and,
if appropriate, legislation).
(4) Conclusion
Stand back and play the judge and decide who has the best argument.
Consider how the parties could have acted to better manage their risks in order to avoid this
legal problem.