4.9 Model for Transactions
The model for transactions can be set out in a table:
Law
Facts
Processes
Element 1
Fact 1
Process 1
Element 2
Fact 2
Process 2
Element n
Fact n
Process n
Consequences
Figure 4.16 Model for Transactions
This model for transactions is the same as the model for litigation, except for the third
column. This is the case because the first and second columns perform identical
functions. Since these have been explained above in the discussion of the model for
litigation, we do not need to say anything more about them.
The third column is headed "Processes." This is the situation because of a fundamental
difference between litigation and transactions. In litigation the case involves past facts
which have to be proved by evidence. In a transaction most of the facts are present facts
which are established by processes. Take a transfer of land as an example. When a client
comes to their lawyer, typically nothing has happened beyond the fact that the client has
found a block of land which they want to purchase. To effect the purchase, the lawyer has
to help the client carry out the processes or steps required by law. For example, they sign
a contract, receive a transfer or conveyance from the seller and then register it at the land
titles office. By doing this the lawyer and client create the facts which satisfy the
elements of the law. This is in contrast to litigation where the facts have all happened
when the client sees the lawyer and the lawyer's task is to help the client to prove those
facts.
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