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ILAC SAMPLE METHOD
Teresa Clyne
Lecturer in law and forensic psychology
ILEC SAMPLE METHODS
The ILAC method of answering law questions is the single best way that I have found to help
students to deal with all aspect of answering the question incorporating all of the essential
elements.
Spencer, a mechanic, was shopping in Do It Yourself Ltd when an overhead shelf collapsed and the
contents of the shelf fell on Spencer. As a result of this accident Spencer suffered a broken pelvis and
spent five weeks in hospital recovering.
As a result of his hospitalisation, Spencer (who is self-employed) was unable to complete a number
of mechanical projects that he was working on, and also could not take on new clients (as he was
unsure as to how long his injuries would prevent him working). In addition, Spencer (who also
models in his spare time) was due to compete in Ireland’s Hunky Mechanic competition a week after
the accident. This competition was offering a top prize of €8,000 cash and a holiday to Tahiti.
Because of his injuries he was unable to compete in this competition. Prior to the competition the
bookies were tipping Spencer as the favourite to win this competition. Spencer is planning on suing
Do It Yourself Ltd for his injuries and in this regard he seeks your advice:
A. In the context of the law of negligence, discuss the concept of remoteness of damages and assess
whether Do It Yourself Ltd are obliged to compensate Spencer for his personal injuries, his loss of
income and his loss of future income.
As he was the bookies favourite Spencer is also considering suing Do It Yourself Ltd for the loss of
the €10,000 cash and the holiday to Tahiti. State whether this loss is likely to be recoverable by
Spencer.
Outline the statute of limitations within which Spencer must bring his claim against Do It Yourself
Ltd.
ILAC SAMPLE METHOD
What are the facts?
Even if you are not requested to submit a list of facts in your
answer, it is a good idea to write one. This will help you sort
through the facts you have been given and determine which facts
are relevant
DO NOT SUBMIT THIS, THE MARKER/EXAMINER IS VERY
AWARE OF THE FACTS
•
Who?
•
What?
•
When?
•
When?
•
Why?
Who is involved? (identify parties specifically by name, if possible) SPENCER AND THE DO IT
YOURSELF LTD.
Who suffered? SPENCER
How? AN OVERHEAD SHELF COLLAPSED AND THE CONTENTS FELL ON HIM
Why? (was is avoidable?) IT COLLAPSED
What is the known (relevant) information? Customer was in a store when the contents of an
overhead shelf fell on him.
Is there any missing information? Unsure of the safety precautions used by the store.
Include specific details like dates and monetary figures - lost wages (unknown amounts) 8,000 and a
holiday
Note: Reread the question at the end of the case study. This will tell you what you are supposed to
be doing and it will help you determine which facts are relevant.
ILAC SAMPLE METHOD
ISSUES
FACTS
LAW
Issues
Identify the problem: what has gone wrong and for whom? Spencer has been injured by falling
stock
Name each Plaintiff and Defendant and briefly describe their individual issues the plaintiff was in
the hardware store when he was injured by falling stock with was the responsibility of the
defendant
Work out what area of law may govern the resolution of the problem. Law of Tort, Negligence
This could include, but is not limited to the following bodies of law
Contract law (be specific about which part)
A company law issue (e.g. breach of director’s duty)
Negligence Criminal Law
Constitutional Law
Law of Tort
Negligence /remoteness of damage
Assignments generally relate to one area of law but the assignment will usually raise a number of
issues within that general area.
Identify any conflicting or troublesome facts
The competition win is not guaranteed
Note: Assessment tasks are set around the work that you have done in class or will do in class. You
are not expected to go outside the content of the unit but you are expected to explore it
Law or principle
Set out the legal principles that will be used to address the problem. Negligence, remoteness of
damages, the statute of limitations
Source legal principles from cases and legislation. Reasonable forsseeability, the Wagon Mound
Note: Make sure you are specific when stating the relevant law/rules that apply, and always make
sure to support propositions with case authority.
ILAC SAMPLE METHOD
Application
Explain in detail why the Plaintiff’s claims are (or are not) justified, based on the body of law
pertaining to the case. A duty of care exists between the parties,
How will this law be used by each party to argue their case? (plaintiff) A duty of care, duty
breached, causation, reasonable foreseeability of the damage caused of a high shelf collapsed that
this injury could occur.
Use relevant precedent cases or Legal Principles to support each answer. The Wagon Mound,
reasonable forseeability
You may also choose to use Legislation, when applicable. the statute of limitations act
There are often several Plaintiffs involved. Take the time to examine each case individually and
analyse why their claims are (or are not) valid. N/A
Legal Principals and precedent cases are used in each analysis, even if there is overlap among
Plaintiffs (the same precedent can be applied to both parties,)
Note: Take time to discuss the contentious aspects of the case rather than the ones that are most
comfortable or obvious. As the competition is just that there is no way of knowing if spencer
would have won this, therefore the holiday and 8,000 he will not be compensated for.
Comment [MTC1]: The contract
between A and B is void because… .
Conclusion
Stand back and play ‘the judge.’
Usually a one sentence statement is enough
Choose the argument you think is the strongest and articulate what you believe to be the
appropriate answer.


Reasonable foreseeability, wagon mound, reasonable and prudent shop owner.
The statute of limitations act
State who is liable for what and to what extent. The shop owner is liable, but only for the lost
wages, or medical bills, not the holiday or prize money.
Consider how parties could have acted to better manage their risks in order to avoid this legal
problem. Items at a height should be smaller or lighter or on extra strong shelves.
Do you need to include remedies?
Now you are ready to start your answer, you already have all of the facts now so structure
all of the above and start writing.
Comment [MTC2]: