Workshop 1:
Outcome: Be able to carry out initial steps in a dispute resolution matter, including case analysis
- Identify who is your client (Legal personality: individuals, company, other)
- What needs to be proved?
- What evidence has already been provided by the client that will help to prove it?
- What other evidence is required / where are the gaps?
- Identify the Cause of Action
BREACH OF CONTRACT
Client:
Opponent:
Cause of BREACH OF CONTRACT
Action:
Elements to Facts to Prove Available Evidence Evidence to Obtain
Prove
CONTRACT [Client] and [opponent] entered Copy of the contract if written Any further evidence mentioned in the
EXISTED into an [oral/written] contract Telephone attendance client’s proof of evidence or witness
[dated]. notes/witness statements, statements which we do not currently
particularly if the contract is have
oral.
Express terms The [client] agreed to [subject Copy of the contract, if written, Any further evidence that the terms were
of the contract] by [date] in showing the existence of the included e.g. if the contract is oral, did a
consideration of [defendant’s terms third party overhear the client?
obligation e.g. payment].
Implied terms The contract contained terms The relevant statute and a Any further relevant evidence that the
implied by [statute] that [list the copy of the contract terms were included
terms] demonstrating that the contract
is of a kind into which these
e.g. the contract contained terms are implied
, terms impied by the Supply of Telephone attendance
Goods and Service Act 1982 notes/witness statements
that: satisfactory quality, match
with description.
Satisfactory quality (s4(2))
Correspond with its
description (s3(2))
Reasonable care and skill
(s13)
Breach Describe how the terms in Photographs, witness Any further evidence mentioned in the
question were broken testimony of what went wrong witness statements
Causation Explain how the breach led to Repair quotations/invoices – Expert reports
the loss which was suffered do they indicate damage by
the fire?
e.g. the fire caused damage to Order cancellations?
the restaurant kitchen and the Evidence indicating damage to
restaurant had to close for reputation
repairs for two weeks, leading Witness statements
to loss of profits.
Quantum Explain what the loss is and Repaid quotations/invoices Accounts indicating how much normal
how it was calculated profit takings might be
Witness statements
, NEGLIGENCE
Client:
Opponent:
Cause of Action: NEGLIGENCE
Elements to Facts to Prove Available Evidence to Obtain
Prove Evidence
Duty of care:
Hedley Byrne v Negligent Documentary Witnesses?
Heller Misstatement: evidence of the
special relationship
relationship, between the
assumption of two parties if it
responsibility is not an
established duty
Caparo v Dickman Proximity –
Communication –
Reliance –
Breach Explain what was Any evidence of Any further evidence which might be referred to in the witness
done to breach the the breach statements
duty Witness Expert evidence
statements
Documentary
evidence
Causation Explain how this Witness
caused a loss statements
Loss Explain what the Witness Expert evidence
extent of the loss statements
was and that this Any further
was reasonably evidence
foreseeable Copy of the
transfer/contract
, to show how
much was paid
Burden of proof on the claimant to show on the balance of probabilities, that what he is claiming is true.
Outcome: Be able to carry out initial steps in a dispute resolution matter, including case analysis
- Identify who is your client (Legal personality: individuals, company, other)
- What needs to be proved?
- What evidence has already been provided by the client that will help to prove it?
- What other evidence is required / where are the gaps?
- Identify the Cause of Action
BREACH OF CONTRACT
Client:
Opponent:
Cause of BREACH OF CONTRACT
Action:
Elements to Facts to Prove Available Evidence Evidence to Obtain
Prove
CONTRACT [Client] and [opponent] entered Copy of the contract if written Any further evidence mentioned in the
EXISTED into an [oral/written] contract Telephone attendance client’s proof of evidence or witness
[dated]. notes/witness statements, statements which we do not currently
particularly if the contract is have
oral.
Express terms The [client] agreed to [subject Copy of the contract, if written, Any further evidence that the terms were
of the contract] by [date] in showing the existence of the included e.g. if the contract is oral, did a
consideration of [defendant’s terms third party overhear the client?
obligation e.g. payment].
Implied terms The contract contained terms The relevant statute and a Any further relevant evidence that the
implied by [statute] that [list the copy of the contract terms were included
terms] demonstrating that the contract
is of a kind into which these
e.g. the contract contained terms are implied
, terms impied by the Supply of Telephone attendance
Goods and Service Act 1982 notes/witness statements
that: satisfactory quality, match
with description.
Satisfactory quality (s4(2))
Correspond with its
description (s3(2))
Reasonable care and skill
(s13)
Breach Describe how the terms in Photographs, witness Any further evidence mentioned in the
question were broken testimony of what went wrong witness statements
Causation Explain how the breach led to Repair quotations/invoices – Expert reports
the loss which was suffered do they indicate damage by
the fire?
e.g. the fire caused damage to Order cancellations?
the restaurant kitchen and the Evidence indicating damage to
restaurant had to close for reputation
repairs for two weeks, leading Witness statements
to loss of profits.
Quantum Explain what the loss is and Repaid quotations/invoices Accounts indicating how much normal
how it was calculated profit takings might be
Witness statements
, NEGLIGENCE
Client:
Opponent:
Cause of Action: NEGLIGENCE
Elements to Facts to Prove Available Evidence to Obtain
Prove Evidence
Duty of care:
Hedley Byrne v Negligent Documentary Witnesses?
Heller Misstatement: evidence of the
special relationship
relationship, between the
assumption of two parties if it
responsibility is not an
established duty
Caparo v Dickman Proximity –
Communication –
Reliance –
Breach Explain what was Any evidence of Any further evidence which might be referred to in the witness
done to breach the the breach statements
duty Witness Expert evidence
statements
Documentary
evidence
Causation Explain how this Witness
caused a loss statements
Loss Explain what the Witness Expert evidence
extent of the loss statements
was and that this Any further
was reasonably evidence
foreseeable Copy of the
transfer/contract
, to show how
much was paid
Burden of proof on the claimant to show on the balance of probabilities, that what he is claiming is true.
