Summarising cases:
It’s important in summarising cases to have the following information:
1. Identify parties involved – who is suing whom
2. Why the parting is suing the other – that is, the basic conflicts or legal issues raised in the case;
and
3. The court's decision and the reasons for it. This often forms the precedent or legal principle to
be applied in later cases.
At the same time you need to read carefully and analytically, sifting the facts. To use cases
successfully in your legal arguments, you need to evaluate the facts critically to decide which
affected the decision: these are the material facts. You are assessing the similarity or difference
between these and the facts of your problem as you decide if the particular law applies to your
problems.
Two formats for taking notes on cases are illustrated below:
Case: Byrne & Co v Leon van Tienhoven
Facts: Van Tienhoven offered by letter to sell goods to Byrne. Byrne cabled acceptance. However,
before this, Van Tienhoven had posted letter revoking offer. This revocation letter was received by
Byrne after acceptance was cabled.
Held: Van Tienhoven was bound by the agreement. NB. Postal Rule. Acceptance occurs when letter
is posted. Revocation isn’t effective until it has been received. So acceptance occurred first.
Issue/Topic
Contract
Postal rule
Revocation
Case
Byrne & Co v Leon
van Tienhoven p.274
(Crosling & Murphy, 2000, 63-64).
Facts
Van Tienhoven
offered by letter to
sell goods to Byrne.
Byrne cable
acceptance…etc
Held
Van Tienhoven was
bound by the
agreement. NB.
Postal Rule.
Acceptance
occurs…etc
References
Crosling, G.M. & Murphy, H.M (2000). How to Study Business Law, (3rd ed.). Australia: Butterworths