Mechanics

• Author: John Hollander
• Pages: 53-84

mechanics

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mechanics

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chapter two

Mechanics

   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

 

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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.

exAmple

   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

roof.

mechanics



• e homeowner nds the contractor through an

advertisement.

• e contractor performs due diligence to make a

quotation.

• e homeowner accepts the quotation in a con-

tract.

• 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

roof.

• 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.