AuthorJohn Hollander
chapter two
   at multiple levels and is depend-
ent upon the issue that is under consideration. In other
words, the analyst applies the technique to an issue, rath-
er than to a jumble of facts.
Here are the mechanics the formula for com-
pleting of the task of case analysis.
. Frame the issue. All issues can be expressed with the
word “whether.” ey should generally be answered
with “either this or that.” Of course, some issues can be
resolved with more than two answers, such as whether
the correct answer is A, B, or C. Typically, however, the
analyst can frame the issue as an either/or proposition.
. Identify only those facts that lead to the relevant con-
clusion. ese are the facts that pertain to that issue.
In a simple case of liability and damages, the facts rel-
evant to the issue of liability often start and end with
the occurrence of the event.
. Reframe the issue to reect the theme that best advan-
ces one side of the argument. In a plainti-defendant
case, the plainti’s theme will dier from that of the
 
defendant. Analysts typically represent one side or the
other. ey should start with their own sides. A good
practice is to think of a way to express that theme as if
it were an advertising slogan.
. Repeat this, but using the theme likely to be adopted
by the opposing side.
. Restate the facts from the second step but with the
theme and issue identied in the third step rmly in
mind. How should your side prevail?
. Repeat this, but using the theme to be adopted by the
opposing side.
If it seems to be a simple formula, so be it. It works.
e sections that follow examine each of these steps.
   simple case: A building contractor agrees to
repair a roof for a homeowner. e agreement calls for a
price of , and a completion date of six weeks from
signing. Shortly after signing, a hurricane damages the
roof. e contractor cannot complete on time and wants
more money for the job. e homeowner wants the roof
as contracted.
Here are the six steps:
1.      
Whether the intervening hurricane permits the con-
tractor to change the contract terms.
2.    ,  
e homeowner has a house which requires a new
e homeowner nds the contractor through an
e contractor performs due diligence to make a
e homeowner accepts the quotation in a con-
A hurricane causes damage to the house.
e damage to the house causes changes to what a
roofer would normally have to do to comply with
the contract.
e contractor demands changes to the contract.
3.       ’ 
Whether the contractor should meet its obligations.
e spin might be, “whether the contractor’s word is
its bond.”
4.       ’ 
Whether the homeowner should pay for matters that
the contractor could not foresee. e spin might be,
“how is that my fault?”
5.       ’ 
e homeowner’s house desperately requires a new
e homeowner believes the contractor’s promises
of competence and reliability.
e contractor performs a thorough inspection to
make an attractive quotation.
e homeowner accepts the contractor’s promises.
e storm had no impact on the roof, which re-
mains in need of repair.
e contractor’s contractual obligations are un-
changed by the storm.

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