Workshop 2

CASE ANALYSIS

What follows are some case reading exercises to help you develop your basic skills of reading a case and extracting the relevant facts and ratio.

1. Read Curtis v Chemical Cleaning and Dyeing Co. [1951] 1KB 805 and answer the following:

a) What is the correct citation?

b)Who is the Appellant? What was she/it in the case at first instance?

c)Who is the Respondent? What was she/it in the case at first instance?

d)In which court is the case decided?

e)When was the case heard and when decided?

f)Who were the judges in the case? Why are they written in this particular order?

g)Why are there three judges?

h)Who represented each party in the case?

i)What are the relevant facts?

j)Are there any issues of fact? If so what are they? If not, why not?

k)What is the remedy sought?

l)What are the issues of law?

m)What is the ratio decidendi of the case?

n)What are the obiter dicta (if any)?

o)What cases were followed and what distinguished?

p)Is there any difference between the different judgments?

q)What was the decision?

2. Read R v Clarke(1927) 40 CLR 227 and answer the following:

a) What is the citation? (Are there any alternative citations?)

b) Who is the Appellant? What were they at first instance?

c) Who is the Respondent? What were they at first instance?

d)In which court was the case decided?

e)When was the case heard and when decided?

f)Who were the judges in the case? (Why are the judgments in this particular order?)

g)How many judges sat? Why?

h)Who represented each party in the case, solicitors and barristers?

i)What are the relevant facts?

j)What is the remedy sought?

k)What are the issues of law?

l)Are there any issues of fact? If so what are they? If not, why not?

m)What is the ratio decidendi of the case?

n)What are the obiter dicta (if any)?

o)What cases were followed and what distinguished?

p)Is there any difference between the different judgements?

q)What was the decision?

r)Which parts of the case report were written by the reporter, and which by the judges?

3. Read Associated Newspapers Ltd v Bancks (1953) 83 CLR 322 andbriefly answer the following questions in relation to the case.

The following may assist you in your understanding of the case.

  • A decretal order is a type of order made by a court in equity. (Historically, courts in equity were also known as chancery courts.) (Accessed 2007-08-30) defines it as an order made by the court of chancery upon a motion or petition in the nature of a decree. (Their source is Bouviers Law Dictionary 1856 Edition)
  • This case deals with principles of contract law. In a contract, the terms (or contents) of a contract are classified as either conditions, warranties or innominate terms. The classification is important because depending on the nature of the term, different remedies are available for breach. For example if a breach of a contract is found to be a breach of a condition the innocent party may terminate. However, if the breach is a breach of a warranty the innocent party has no right to termination, but may claim damages.
  • Examples of the comics the subject of this case can be found at

Questions:

a)What is the citation? Explain what each element in the citation means. Are there any alternative citations?

b)In which court was the case decided?

c)Who is the Appellant? What were they at first instance?

d) Who is the Respondent? What were they at first instance?

e)When was the case heard and when decided? Was judgment reserved? Why? Why not?

f)Who were the judges in the case? How many judges sat? Why?

g)What are the relevant facts?

h)Are there any issues of fact? If so what are they? If not, why not?

i)What is the issue of law before the court?

j)What are the tests the court refers to which may help them decide the issue of law? What are the legal authorities in which these tests are found?

k)What Australian case is followed as authority?

l)The case referred to in (k) was the subject of an appeal. How (if at all) did this appeal affect the authority of the decision relied on by the court in this case?

m)What is the ratio decidendi of the case?

n)What are the obiter dicta (if any)?

o)What was the decision?