Consequences 1-n. Sometimes, however, discussion of the model refers just
to Consequences which is a convenient shorthand.
Consequences need elements for two reasons. First, there may be more than
one remedy. For example, a successful plaintiff in trespass may obtain both
damages and an injunction. Second, any particular remedy can be divided into
parts. An example is the remedy of damages, because there are various heads
of damages, each of which becomes an element. Each head of damage is
calculated as
a lump sum of money. All the heads of damages taken together
become the total amount of damages, which constitute the full Consequences.
Facts
Nature of Facts
Facts are relevant because each law is made to apply to a defined class of
facts. Facts are constituted by something that happens or exists such as an
act, action, event or an incident, by a state of affairs, a condition (including a
state of mind)
529
or a quality that exists, or by something else of this kind.
530
Potentially a fact can be past, present or future.
531
In the obvious case a fact is
positive, for example something happened, something exists or some item
possessed some quality; but it can also be negative in that the event did not
happen, the thing does not exist or the item did not possess the quality in
question.
532
Relationship to Law
There is a precise relationship between law and fact that will be explained when
the text discusses micro organisation of a legal rule. Essentially this
relationship comes about because the elements of a rule define the facts or
circumstances when the rule applies. This happens because each element
consists of a generalisation of some fact. Thus the relationship of law to fact is
that of the general to the particular: elements of a law or a legal rule state a
category of facts and the elements is satisfied when a fact occurs that falls
within this category.
Establishing Facts
To be successful, a party must satisfy each element of the cause of action. But
how do parties satisfy these elements? By facts, as indicated by the arrow
between the second and first column. Each element of a law delineates a
category of facts, and requires that there be a fact in this category to satisfy
529
Bohlen (1924)
530
Jegatheeswaran v Minister for Immigration
[2001] FCA 865 (9 July 2001), per
Finkelstein J, par [52]
531
Jegatheeswaran v Minister for Immigration
[2001] FCA 865 (9 July 2001), per
Finkelstein J, par [52]
532
Bentham (1827) pp 49-50
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