Refers to legal issues These are identified from the facts presented and other information in the question: Law of Contract Assignment, TCD, Ireland
University | Trinity College Dublin (TCD) |
Subject | Law of Contract |
ILAC Method
- Issues
- Refers to legal issues
- These are identified from the facts presented and other information in the question
- You must identify what are the legal points which arise from the facts
- These points will structure your answer
- They are the points regarding which you will state the law, apply the law, and conclude what the law says in respect of the person you are advising
- Example of an issue:
–Does the document amount to evidence of contract sufficient to satisfy the Land and Conveyancing Reform Act 2009
- Relevant Law
- For each issue you have identified you must state what the current state of the law is
- The law is derived from 3 main sources
- Constitution – Statute – Case Law
- The ECHR or other sources may also be relevant
- Little room for academic commentary unless the law is unsettled or underdeveloped
- You must state the law for each issue you identify
- Example –
–What does the 2009 Act say is required in writing
- Application of the Law
1. This section lets you:
–Use the legal issue you have identified
–Alongside the law, you have stated
–And then to apply the legal question and the relevant law to the facts
2. You apply the law to the facts and state how the law fits with those facts
Or whether the facts fit a particular legal principle at all
–This is how you advise your client –
–If the facts fit the law – then the conclusion may be in his favor
–If they don’t his likelihood of success falls
3. At this stage you might also state that you don’t have enough information to apply the facts neatly to each stated point of law
–There may be information missing for example which might change your point of view
–If so state this as this shows you are very familiar with the topic
–Also the law may be conflicting – if so apply each conflicting element of the law to the facts
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