are labelled Element 1, Element 2, and Element n, the list being Elements 1-n.
To obtain the Consequences, therefore, the plaintiff must satisfy Elements 1-n.
If a plaintiff or transactor fails to satisfy all of the elements, even failing with
just one element, the law does not apply, so the plaintiff or transactor does not
obtain their desired outcome.
Law: Subelements
Elements
can be divided into various levels of subelements if the law creating
the cause of action so requires. These levels create
a hierarchy. To illustrate
this, let us take Element 2 as an example, and see how it could divide into
subelements. If Element 2 was divided into n subelements, the table above
could be expanded to accommodate this, as the following excerpt
demonstrates:
Element 2
Fact 2
Evidence/ Process 2
Element 2.1
Fact 2.1
Evidence/Process 2.1
Element 2.2
Fact 2.2
Evidence/Process 2.2
Element 2.n
Fact 2.n
Evidence/Process 2.n
Figure 17.2 Subelements
Subelements of Element 2 are
labelled Element 2.1, Element 2.2 and Element
2.n, constituting the range Element 2.1-2.n. Moreover, further division is
possible (if the law so requires it) because a subelement at any level can always
be further subdivided, so that the division and subdivision
create
a more
elaborate hierarchy. For example, Element 2.3 might divide into Elements
2.3.1-2.3.n. This process of subdividing elements continues until the law
constituting the cause of action is fully
and faithfully
represented in the
hierarchy.
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As this illustration demonstrates, when an element is divided into subelements,
each subelement needs to be satisfied by the appropriate fact. Thus, Facts 2.1-
2.n satisfy Elements 2.1-2.n. Similarly, in litigation each of these facts is
proved by evidence so that Facts 2.1-2.n are proved by Evidence 2.1-2.n,
while in a transaction Facts 1-n are created by Processes 2.1-2.n.
Consequences
The first column of the model also shows the legal consequences that follow
when each element is satisfied by the facts in a case
or transaction.
Consequences are the remedies that the court provides to a successful plaintiff
or the change in legal positions that the law creates and recognises when a
transaction has been successfully carried out. Consequences of a legal rule are
themselves
divided into elements, which in their full form are labelled
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Chapter 3 Organising Law
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