Resolving legal case studies – Four Step Process

This instruction sheet contains the following:

? Copy of answer sheet for Part B. This has been provided to assist students understand how to fill out their answer sheet;

? Authoritiesyou will be expected to know for the final examination;

? The marking rubric and explanation of the allocation of marks for the four step process question (Part A);

o In relation to Part A, students are required to apply relevant legal concepts and principles to analyse and solve the case study by applying their knowledge of the legal principles and rules arising in Topic 7.

o In relation to Part B, students are required to apply their knowledge of the legal principles and rules arising and selecting the best answer in a multiple choice format fromTopic 6 Performance and Breach; Topic 7 Remedies and Topic 9 Negligence.

o In relation to Part C, students are required to apply their knowledge of the legal principles, cases and rules arising in Topic 10 Business Organisations.

Instructions summarised:

Final Exam 50%

• This is a closed book examination.

• No books, notes, or other materials are permitted in this exam.

• Students must have their Curtin College student card to sit the exam.

• You have 3 hours to complete the exam. You will also have 10 minutes reading time.

• There are three parts to this exam:

o Part A – onefour step process question (worth 15 marks):

o Part B – 21 Independent multiple choice questions and appliedcase study 19 questions. [40 multiple choice questions in total (worth 20 marks)]; and

o Part C – 3 short answer questions (worth 15 marks).

• You must answer all three parts.

• Part A of the exam requires students to resolve the question using the four step process.

• Part B of the exam requires students to solve the Part B case study by applying their knowledge of the legal principles and rules arising and selecting the best answer in a multiple choice format. There are a series of 40 questions [some independent and some drawn from case study (half a mark per question)].

• Part C of the exam requires students to provide answers to three short answer questions (5 marks each). Students must answer all three short answer questions.

• Students must fill out their details on both the cover page of the examination question paper and on the Part B answer sheet as shown above.

PLACE THE EXAMINATION QUESTION PAPER INSIDE YOUR ANSWER BOOKLET.

YOUR PAPER WILL NOT BE MARKED IF THE QUESTIONS ARE NOT RETURNED.

Required authorities for final examination

Trimester 3, 2015

Students ARE required to know all of the rules of law for each topic as directed in the programme calendar at the back of the unit outline and seminar materials. Students are advised to refer to what was covered in the Revision lecture for further detail on how to focus their study.

This document is intended to provide guidance in relation to the authorities (cases and legislative provisions) students are expected to be able to cite as authority for particular rules of law (i.e. to indicate where the rule applied comes from or what is its source).

Required cases for final examination

You are not required to provide full citations of cases in the examination. Case names are sufficient. Further, you will not be penalised for not remembering case names in a test or exam. It is sufficient that you identify the case you are referring to by an obvious abbreviation (e.g. “the pregnant cow case”) or summary of the facts.

However, sometimes this takes more time in the exam than writing out a case name would and on occasion, a student’s description of the facts of a case can be so confused that the marker is unable to tell which case the student is referring to. It is recommended that students attempt to remember case names.

You will need to briefly describe the facts of the case (maybe more detail is required if the case you are referring to is very similar to your question), the outcome and MOST importantly the principle or rule to come out of the case (the “ratio”).

Topic 6 – Performance and breach of contract

Cases required for the final examination

Hide & Skin Trading Pty Ltd v Oceanic Meat Traders Ltd (1990) 20 NSWLR 310

Australian Broadcasting Commission v Australasian Performing Right Association Ltd (1973) 129 CLR 99

Maritime National Fish Ltd v Ocean Trawlers [1935] AC 524

Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337

Associated Newspapers v Bancks (1951) 83 CLR 322

Bettini v Gye (1876) 1 QBD 183

Varley v Whipp [1900] 1 QB 513

Hoenig v Isaacs [1952] 2 All ER 176

Steele v Tardiani (1946) 72 CLR 386

Holland v Wiltshire (1954) 90 CLR 409

Hochester v De la Tour (1853) 1 CLR 846; 118 ER 922

Mahoney v Lindsey (1980) 33 ALR 601Topic 7 – Remedies for breach of contract

Cases required for the final examination

McDonald v Denny Lascelles (1933) 48 CLR 457

Associated Newspapers Ltd v Bancks (1951) 83 CLR 322

CehaveNV v Bremer Handelsgesellsschaft mbH [1976] QB 44

Holland v Wiltshire (1954) 90 CLR 409

Radford v de Froberville [1978] 1 All ER 33

Tabcorp Holdings Ltd v Bowen Investments Pty Ltd [2009] HCA 8

Koufos v Czarnikow Ltd [1969] 1 AC 350; [1967] 3 All ER 686

Hadley v Baxendale (1854) 2 CLR 517; 9 Exch 341

McRae v Cth Disposals Commission (1951) 84 CLR 377

Baltic Shipping Co v Dillon [1993] HCA 4; (1993) 176 CLR 344

Burns v Man Automotive (Aust) Pty Ltd (1986) 161 CLR 653

Simonius Vischer & Co v Holt & Thompson [1979] 2 NSWLR 322

Lumley v Wagner (1852) 42 ER 687

JC Williamson Ltd v Lukey & Another (1931) 45 CLR 282

Dougan v Ley & Another (1946) 71 CLR 142

Buckenara v Hawthorn Football Club Ltd [1988] VR 39

Codelfa Construction v State Rail Authority of NSW (1982) 149 CLR 337Topic 9 – Liability in tort law

Cases required for the final examination

Rogers v Whitaker (1992) 175 CLR 479

Perre v Apand Pty Ltd [1999] HCA 36

Donoghue v Stevenson [1932] AC 562

Woolcock Street Investments Pty Ltd v CDG Pty Ltd [2004] HCA 16

Shaddock & Associates Pty Ltd v Parramatta City Council (No 1) (1981) 150 CLR 225

Topic 10 – Business Organisations

Cases required for the final examination

Kahn v Miah [2000] 1 WLR 2123.

Lloyd v Grace, Smith & Co [1912] AC 716.

Salomon v Salomon & Co Ltd [1895] 2 Ch 232; [1897] AC 22.

Lee v Lee’s Air Farming Ltd [1961] AC 12.

Australian Securities and Investments Commission v Adler (No 3) 2002 168 FLR 253;

Eley v The Positive Government Security Life Assurance Company Ltd (1876) ExD 20.

The Marking Rubric for Part A – the four step process

MARKING RUBRIC

STEP ONENo marks specifically allocatedSTEP TWO7 marksSTEP THREE6 marksSTEP FOURNo marks specifically allocatedOVERALL USE OF THE FOUR STEP PROCESS AND STRUCTURE OF ANSWER2 marks available

In relation to the marks allocated for the overall use of the 4 step process and structure of the answer, regard will be had to not just whether the answer is “set out” in the 4 steps. Consideration will be given to the clarity of the explanation of the law with regard to applicable authority where relevant. Students will be rewarded here for a detailed application of the facts to the law explained. For example, a very good use of the 4 step process would be the application of the facts to every principle of law explained.

Consideration will also be given to the logical presentation, coherency and consistency of the explanation of the law, application of facts and subsequent conclusion.

As a general guide, a student who has used the 4 step process correctly for the question (Has identified the legal issue, explained the rules relevant to that issue with reference to authority (cases and/ or legislation), applied the facts and come to a logical conclusion), but the explanation of the law or application of the facts is not as detailed as it could be, or the conclusion is not a logical progression of what has gone before would be awarded a pass mark for this part of the test (1 – 2 marks).

Part A of the final examination (15 marks) requires you to use the four step process which is discussed below. Be aware that whilst this is the preferred method for answering legal problems, the technique has application in other disciplines. Following, you will find an outline of the four-step approach to resolving case studies.

Resolving legal case studies – Four Step Process

Sometimes it is useful to use headings at the beginning of each step.Step 1

Identify the legal issue

Usually this is easily worked out from the question itself. The legal issue will always be concerned with a topic that has been discussed in the unit.

Only a sentence is required for this step. For example, ‘The legal issue is whether both parties have demonstrated a clear intention to be legally bound in the formation of a valid contract’. Step 2

Explain the rule(s) of law.

Explain the rules of law relevant to that issue with reference to authority (cases and/or legislation). This is your best opportunity to obtain marks by showing that you know the legal rules applicable to the legal issue. (The extent to which you will be required to provide detail in an assignment is different to an examination and will of course depend upon the marks allocated to that problem and the time you have available).

Important cases should be identified and a brief summary of the facts, the decision of the court, and a statement of the important principle of law that the case makes should be provided. Sometimes it is a section of an Act that you are relying on as authority for the principle of law that you have identified and explained. Similarly you need to refer to the relevant section of the legislation and either quote the exact wording or perhaps a summary is sufficient.

In step two you should explain the principles of law as if to someone who knows nothing about the unit. In that way you will make sure that you explain at the level and in the detail that is required.

Remember that if you are writing an examination/test you do not have to quote the citation of a case. You do not even need to remember the names of the parties. It is quite acceptable to say something ‘in the smoke ball case’. It is the facts, the decision and the principle (ratio) of the case that are important.

DON’T mention any of the FACTS of the case study/problem question at this stage. Step 2 is the place to logically explain all the law relevant to the problem. Step 3

Apply the law to the facts of the question in a detailed and logical manner, to EVERY rule of law explained in step two. Consider each aspect or element of legal criteria discussed in Step 2 and decide whether it is satisfied in the scenario that you are considering.

For example, you would say something like ‘Fred made Mary an offer of … because…’ It is always necessary to explain which of the facts of the question indicate that the element of the action has been satisfied.

Remember if you have taken the time to explain the rule of law then you should apply the facts specifically to that rule.Step 4

Draw possible conclusions. Please note that many problems do not have a definitive ‘yes’ or ‘no’ answer until the matter has been decided by a court of law. It is best to state your conclusions in language that reflects this reality. Use statements like ‘it is likely…’ here.

Your conclusion can usually be put in one or two sentences. A long discussion is not necessary. Your conclusion is just a summary of what you have considered in Step 3.

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