and processes. By proceeding in this way, parties to a transaction bring about
the consequences which the law prescribes and which the parties want. These
consequences define the legal position which parties achieve by the
transaction. For example they make a will or transfer a piece of land.
There is a noticeable difference between this model and the model for
litigation. In the model for litigation the Consequences, Consequences 1-n, are
proved by facts, namely ConFacts 1-n. These facts are proved by evidence
labelled ConEvidence 1-n. In litigation this is necessary because of the nature
of consequences, which are the remedies that a party receives when they win
the case. In litigation, winning the case entitles the plaintiff to a remedy in
principle but the nature or terms of the remedy need to be proved to the court.
For example, a person injured as the result of the plaintiff’s negligence is
entitled to various heads of damages such as medical expenses, loss of
income and pain and suffering. However, the plaintiff has to prove both the
existence and extent of these various heads. For example, they have to prove
that they were injured, explain the nature of the injury and produce receipts to
prove their expenses.
Transactions do not require this proof in relation to the consequences.
Generally they are simple and flow naturally when the elements of the relevant
rule are satisfied. Consequently there is normally no need to include ConFacts
1-n and ConEvidence 1-n in the diagram.
Uses of the Model
Introduction
Like the model for litigation, the model for transactions is a comprehensive
and constant guide. It contains a complete checklist of the elements of the law.
Each element is satisfied by the right
facts. Parties create these facts as they
carry out the appropriate process. When this has been done, the legal
consequences for the transaction follow. This is what the client wants. They
want to be in the legal position defined by those consequences.
Since this model for transactions explains how a transaction works it can be
used for many tasks in carrying out a transaction. Thus it can be used to write
a practice manual that describes how to perform a transaction. The model
structures the task for which the manual is used so the author can also use it to
structure the manual. There is obviously an immense benefit in using the model
to structure the writing of practice manuals because it makes them so clear and
easy to use. This happens because a properly written guide to a transaction
has three basic characteristics –
it is a step-by-step guide, it explains the
functions that the steps perform, and it gives practical advice.
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