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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..." Case 3 Sam vs Jo Fashion designer Jo decided that it was time to sell their industrial sewing machine. However, they were not certain of its value and so, when they advertised the sewing machine, they did not state the price. When Sam responded to the advertisement, she asked for the price. Jo responded by saying, 'Oh, I don't know. I guess a fair price would be around a couple of thousand dollars.' When Sam arrived the following day with $2000 for the sewing machine, Jo told her that they really meant $3000. Can Sam now sue Jo for breach of contract? (In Australia)
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