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WHAT IS H.I.R.A.C.? H.I.R.A.C. provides a way to approach and organize an answer to a legal problem question. The acronym H.I.R.A.C. stands for: Heading: Firstly,
WHAT IS H.I.R.A.C.? H.I.R.A.C. provides a way to approach and organize an answer to a legal problem question. The acronym H.I.R.A.C. stands for: Heading: Firstly, give your answer a heading that shows the names of the parties involved or which shows the specific topic you are investigating E.g.: "Jane v John" or "Validity of Mr Smith's Contract Against a Minor" Issue: Next, you identify and state what appears to be the legal issue/s as you read it from the problem question E.g.; "The legal issue is whether the contract can be enforced due to one party being a minor" Rule: Next, find the relevant law (sections from an Act or a principle from a case) that can help determine an answer to the legal issue/s you have already identified. With case law, you are just looking for the decision (ratio) or legal principle NOT the background facts. E.g. "Nash v Inman (1908): a minor can be liable under contract for supply of "necessaries" if the minor does not have adequate supply of these." Application: Apply the law (from the Rule section) to the "facts" of the problem question E.g. "The law states that minors can become liable for contracts for necessaries. In this case however, the minor in question does not appear to need any of the goods or services that have been contracted for..." Conclusion: Finally, draw a conclusion based on your arguments under Application E.g. "Therefore it is unlikely that the contract against the minor will be enforceable" THE TASK FOR THIS ASSESSMENT: Use HIRAC to find a legal answer to each of the below three (3) case studies: HINT: Apply the three elements of contract (i.e. intention; agreement; consideration) to each scenario to determine whether breach of contract has occurred. Case 2 Harley v Clare Clare sent out a message to all her customers which read: 'We are selling all our clothing stock from our closing down sale. Please send us your best offer and we shall sell to the highest bidder'. Harley submitted the highest offer but Clare refused to sell the goods to him. Can Harley now sue Clare for breach of contract? (In Australia)
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