are explained in more detail in the later discussion of answering problem
questions.
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Permutations
To start, take each permutation of parties in turn. Assume, for example that the
permutations were as set out in the example above, where there were two
possibilities, Arthur v Betty and Arthur v Clare. In this case you need to
consider each of these permutations of parties. It does not matter in which
order you consider them. The point is that you must consider them all.
Causes of Action
For each permutation of parties, take each cause of action in turn. As with the
permutation of parties, it does not matter in which order you consider them.
The point is that you must consider them all.
To illustrate, take the framework above, where the permutations to be
considered are Arthur v Betty and Arthur v Clare. Arthur has to consider suing
Betty for trespass to land and trespass to goods; Arthur has to consider suing
Clare for negligence.
Using this framework, we would start with Arthur v Betty. First we would
consider trespass to land, proceeding element by element checking them
against the facts. Then we would consider trespass to goods. Having
completed Arthur v Betty, we would move on to Arthur v Clare, and consider
the action for negligence in the standard way, that is by proceeding element by
element and checking them against the facts.
Checking Elements
This step entails checking the elements of the cause of action against the facts
of the case to determine whether the elements are satisfied. To check the
elements of a cause of action against the facts, go to the check list of elements.
Take the first element in the list. Go to the facts and work through them from
start to finish. Your task is to see if the element applies to any one of the facts
so that the element is satisfied. When you have finished with the first element,
go to the second and check this element against the facts. Proceed in this way
until each element has been checked against the facts.
When you apply an element of a cause of action to the facts in this way you
ask whether there is a fact to satisfy the element. This question will yield one
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Chapter 28Answering Problem Questions
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