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Analysis of A Claim: To Reach A Legally 'Correct' Decision The Following Analysis Can Be A Useful Tool

The document outlines a decision tree for analyzing legal claims. It begins with determining if the claim details are clear, if the claim is arbitrable, and if the jurisdiction has authority over the claim. If those criteria are met, it then evaluates if there is a valid contract and if the claim falls within that contract. If not a contractual claim, it assesses if there was a legal duty and failure of that duty. For claims arising from a contract or legal duty, it then determines if there was a breach and damage, and finally whether the damage was a natural consequence of the breach.

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79 views

Analysis of A Claim: To Reach A Legally 'Correct' Decision The Following Analysis Can Be A Useful Tool

The document outlines a decision tree for analyzing legal claims. It begins with determining if the claim details are clear, if the claim is arbitrable, and if the jurisdiction has authority over the claim. If those criteria are met, it then evaluates if there is a valid contract and if the claim falls within that contract. If not a contractual claim, it assesses if there was a legal duty and failure of that duty. For claims arising from a contract or legal duty, it then determines if there was a breach and damage, and finally whether the damage was a natural consequence of the breach.

Uploaded by

pieremichele
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
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3.

Analysis of a Claim
CLAIM
To reach a legally
'correct' decision
the following Are claim
Re-submit
Analysis can be a details
claim
useful tool: clear?

yes

Is claim no
arbitrable?

yes

Have I the no
jurisdiction?

yes

Is there a
yes no
Contract?

Is claim no no
Is there a
in the
Legal Duty?
Contract?

yes yes
no

Was there no
Was there
a failure of
a Breach?
this Duty?
yes yes

NOTES: Did no
Analysis is the logical examination and damage
evaluation of the facts and the evidence follow?
to determine whether liability exists and,
if so, what is the proper remedy.
The basic questions are: yes
- What is being claimed?
- Why is it being claimed?
- What is the defence? no
As a natural
- Has the claimant proved his case? consequence?
Does the claim arise in contract or out
of a legal duty/in tort?
If the claim is in contract (tort) has there
been a breach (tortious act or
yes
omission)?
- If so: has damage occurred
because of that breach (act or
omission)? CLAIM CLAIM
- If so: was the damage a natural Succeeds Fails
consequence?

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