We can set out this information in the table below. It is an extended excerpt
from the model for litigation (which is explained in a later chapter):
91
Element 2M1
Fact 2M1
Evidence 2M1
Element 2
Element 2M2
Fact 2M2
Evidence 2M2
Figure 4.1 Effect of Ambiguity on Litigation
Now consider the situation from the plaintiff’s position (which will logically
also reveal the defendant’s position). For the plaintiff there are four
possibilities with regard to establishing Element 2:
(1)
Case 1: Evidence for 2M1. The plaintiff possesses only Evidence 2M1
and so can prove Fact 2M1 but not Fact 2M2. Thus they can satisfy only
Element 2M1 but not Element 2M2. In this case the plaintiff’s action succeeds
if the court finds that Element 2M1 is the correct interpretation, but will fail if
the court finds that Element 2M2 is correct.
(2)
Case 2: Evidence for 2M2. The plaintiff possesses only Evidence 2M2
and so can prove Fact 2M2 but not Fact 2M1. Thus they can satisfy only
Element 2M2 but not Element 2M1. In this case the plaintiff’s action succeeds
if the court finds that Element 2M2 is the correct interpretation, but fails if the
court finds that Element 2M1 is correct.
(3)
Case 3: Neither. The plaintiff possesses neither Evidence 2M1 nor
Evidence 2M2 and so can prove neither Fact 2M1 nor Fact 2M2. Thus they
can satisfy neither Element 2M1 nor Element 2M2. In this case it does not
matter to the plaintiff how the court would interpret Element 2. Their action
fails regardless.
(4)
Case 4: Both. The plaintiff possesses both Evidence 2M1 and Evidence
2M2 so they can prove both Fact 2M1 and Fact 2M2. Thus they can satisfy
both Element 2M1 and Element 2M2. In this case it does not matter to the
plaintiff how the court would interpret Element 2. They satisfy Element 2
regardless.
This information can be set out in the following table where a tick (
) indicates
that an element (that is Element 2M1 or 2M2) has been satisfied, and a cross
(x) indicates that it is not satisfied:
Case 1
Case 2
Case 3
Case
4
One
Other
Neither
Both
X
X
Element 2M1
Fact 2M1
Evidence 2M1
Element 2
X
X
Element 2M2
Fact 2M2
Evidence 2M2
Figure 4.2 Analysis of the Effect of Ambiguity
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Chapter 18 Model for Litigation
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