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
terms are implied
, e.g. the contract contained • Telephone attendance
terms impied by the Supply of notes/witness statements
Goods and Service Act 1982
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
terms are implied
, e.g. the contract contained • Telephone attendance
terms impied by the Supply of notes/witness statements
Goods and Service Act 1982
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.
