Summarising-cases - Notes PDF

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Summarising cases: It’s important in summarising cases to have the following information: 1. Identify parties involved – who is suing whom 2. Why the parting is suing the other – that is, the basic conflicts or legal issues raised in the case; and 3. The court's decision and the reasons for it. This often forms the precedent or legal principle to be applied in later cases. At the same time you need to read carefully and analytically, sifting the facts. To use cases successfully in your legal arguments, you need to evaluate the facts critically to decide which affected the decision: these are the material facts. You are assessing the similarity or difference between these and the facts of your problem as you decide if the particular law applies to your problems.

Two formats for taking notes on cases are illustrated below: Case: Byrne & Co v Leon van Tienhoven Facts: Van Tienhoven offered by letter to sell goods to Byrne. Byrne cabled acceptance. However, before this, Van Tienhoven had posted letter revoking offer. This revocation letter was received by Byrne after acceptance was cabled. Held: Van Tienhoven was bound by the agreement. NB. Postal Rule. Acceptance occurs when letter is posted. Revocation isn’t effective until it has been received. So acceptance occurred first. Issue/Topic Contract Postal rule Revocation

Case

Held

Byrne & Co v Leon van Van Tienhoven offered Van Tienhoven was Tienhoven p.274 by letter to sell goods to bound by the Byrne. Byrne cable agreement. NB. Postal acceptance…etc Rule. Acceptance occurs…etc

(Crosling & Murphy, 2000, 63-64).

References

Facts

Crosling, G.M. & Murphy, H.M (2000). How to Study Business Law, (3rd ed.). Australia: Butterworths...