Distinction level notes for the LPC at University of Law. Laid out in clear table format and covering all course content in workshop order for the 2018/19 course, these are the most up to date and comprehensive LPC notes currently available, and include step-by-step model answers and specimen paper...
, CASE ANALYSIS BREACH OF CONTRACT
IDENTIFY PARTIES Identify client: [NAME]
Identify Opponent: [NAME]
CAUSE OF ACTION State “this is a claim for a breach of a written contract made on [DATE] for [COMPANY]
Ltd to do [ACTION]”
Basic: Claimant has 6 years from the date when the cause of action accrued
LIMITATION ISSUES Accrued: as soon as the breach of contract occurs. With an anticipatory breach of
contract, the cause of action accrues when the intention not to perform the contract is
made clear, and not at later date when performance was due (Honchester)
ELEMENTS TO FACTS TO ESTABLISH AVAILABLE EVIDENCE EVIDENCE TO OBTAIN
ESTABLISH
There was an oral or written We have a copy of the Copies of any previous
contract between C and D to written contract contracts
CONTRACT [WHAT CONTRACT WAS FOR, [DATED] Anything to establish
EXISTS DATES, AND DETAILS] There is a telephone previous course of
memorandum proving it dealings
Be as specific as possible here, Witness statements Letters, emails, phone
including full details logs [CHECK FACTS]
SGA 1979
s14(2): satisfactory quality
s14(2A): regarded satisfactory by
a reasonable person
s14(2B): state and condition and
fitness for purpose for which it is SGA
IMPLIED/EXPRESS likely to be used SGSA
TERM S14(3): reasonably fit for purpose Express terms Witness statements
Notes of
SGSA 1982 correspondence
s4: goods transferred in course of Unlikely to be disputed
business will be of satisfactory
quality and reasonably fit for
purpose
s13: service supplied will be of
reasonable care and skill
Examples of the items Witness statements
Describe how any of the terms themselves [NAME] Expert reports
above were breached. Be specific Any photographs of CCTV installation
BREACH and apply the facts as much as them Photographs
possible Expert evidence [NAME] Statements from
Internal reports [BY] consumers
Quality control person Example of process
Briefly explain and clearly state
how the above breach caused the
loss Receipts
Order cancellations
CAUSING LOSS “That the breach described Accounts drawn up Loss of bargain
above caused a loss of [AMOUNT]
Letters, emails,
because there was a need to
telephone
[ACTION] and we lost out on large
Accounts from external
profits as [MISSED OUT]/and we
will now have to [SORT OUT]”
AMOUNT OF LOSS “The amount of loss and damage, N/A N/A
AND DAMAGE namely [WHAT] costing [PRICE]”
Say that the loss was within the
reasonable contemplation of both
parties at the time the contract
was made and that the loss was a Telephone conversation
probable consequence of the specifying that the sale N/A
REMOTENESS breach. of [ITEMS] must
coincide with [EVENT]
Damages should be awarded as
per Hadley v Baxendale (naturally
flowing from the breach)
2
, If asked to prepare as a memo, use clear headings, an introduction, numbering, and a sign off
3
, CASE ANALYSIS NEGLIGENCE
IDENTIFY PARTIES Identify client: [NAME]
Identify Opponent: [NAME]
CAUSE OF ACTION State “this is a negligence claim for [ACTION]”
Basic: Claimant has 6 years from the date when the cause of action accrued
LIMITATION ISSUES Accrued: when the tort is committed. The cause of action accrues only when some
damage occurs. This may be at a date considerably later than that when the breach of
duty itself occurred
ELEMENTS TO FACTS TO ESTABLISH AVAILABLE EVIDENCE EVIDENCE TO OBTAIN
ESTABLISH
That there was a duty of care
owed, either an established one Usually available from If the duty is to be
(doctor / patient, solicitor / documentary evidence established, this is not
DUTY OF CARE client) or through the Caparo Test Consider CCTV to show likely to be disputed
(harm reasonably foreseeable, actions
proximate relationship, fair, just
and reasonable)
Anything that
Consider eye witnesses indicates that D knew
Must show that the person Correspondence or ought to have
breached the duty that they between C and D may known that C believed
BREACH OF DUTY owed. Apply to the facts and state mention relevant that they were not in
what must be shown information breach
This will be a key CCTV/video of
disputed area [EVENTS]
Expert evidence
May not be disputed
Must show that the D’s breach of C’s statement that they unless D claims it
duty caused loss to your client, C did [ACTION] in never happened
CAUSATION reliance on D’s Consider if C can
“By [ACTION], the client suffered report/statement credibly show they
financial loss and/or personal Consider if there are would not have done
injury” any eye witnesses [ACTION] if they had
not relied on D’s
report/statement
C has suffered loss of a type
which was reasonably foreseeable C will state that the Get expert evidence
LOSS by the D. Explain the type of loss loss suffered was a to confirm the loss
and how it is related (state that it type of loss reasonable claimed
was foreseeable that this type of foreseeable
loss would be incurred due to
[ACTION])
4
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