FACT LAW SANDWICH
Fact Law Sandwich meaning
The "Fact Law Sandwich" is a formula for law students when they are advising or writing essays. I created this formula when teaching my students at university in small tutorials. It consists of:
FACTS
GENERAL PRINCIPLE
LAW
APPLY TO FACTS
The "Fact Law Sandwich" will make your advice sound and seem structured while competent. It is known as the "Fact Law Sandwich" because the legal opinion is composed of two outer layers of facts that sandwich a general principle and the legal authority in the centre. Both of these approaches are fantastic for structuring the process of producing a law essay as well as for finding solutions to complex law problems.
Fact
This should recite the silent facts only. Keep it brief. This way no one can excuse you of not having considered the facts. Try and frame the facts into a question.
General principe
Explain what the law says the general principle is at play here. Express this is the most simple way as if you are explaining the principle to a child.
Law
What is the case from which the general principle comes from. This case will be the authority of the principle that is being applied.
Apply Law to facts
You have to say that the principle and the authority how it applies to who your are advising. This mean you must advise what the outcome of the case will be and how to law fits to their situation. Never stretch the facts to make it come within the law.
Fact Law Sandwich Example
In legal writing, the fact-law sandwich is a helpful technique for clearly presenting and analysing an essay prompt or problem question. The facts are layered, much like a sandwich, with the bread acting as the facts and application. The facts serve as the foundation layer of the middle law sandwich. This comprises a succinct and precise synopsis of the relevant case facts. The intermediate layer, which provides a clear framework for analysis, consists of the legal guidelines and principles that apply to the case. The top layer is created by applying the law to the facts and producing a strong argument or conclusion. Following this format will help law students properly express their points while guaranteeing a logical and understandable interpretation for the reader. Below we look at an example:
Question
Vic places a notice in the window of his local newsagent which states: ‘Luxury caravan for sale; fully equipped and in exceptional condition. Price available on request’.
Bob contacts Vic on Monday to ask if he would be prepared to sell the caravan for £10,000. Vic says that he will only accept £12,000. Bob says that he will think about it but he may need a few days to get the money together. Vic responds that he will keep his offer open until 11.30am on Friday but, if Bob cannot find the funds by then, he will look elsewhere for another buyer.
On Tuesday, Vic contacts Ulrika to ask if she would be interested in buying his caravan for £13,000. Ulrika replies that she is very interested and would like to know if the caravan has a dishwasher. Vic responds, ‘Yes it does. It’s yours if I receive your reply by the end of the day on Friday’. Ulrika posts her acceptance at 6.00pm on Wednesday evening and Vic receives her letter at 10.30am on Friday.
On Wednesday, George tells Vic that he would like to buy his caravan. Vic replies, ‘I will sell for £13,000, however, as such a large sum of money is involved, I want written confirmation of acceptance by email’. George telephones Vic later that day and leaves a voicemail message on Vic’s mobile phone saying he accepts Vic’s offer. Later that day, Vic sees that he has a message from George but accidentally deletes it before listening to it.
On Thursday afternoon, Angelos offers Vic £12,000 in cash for the caravan. Vic accepts immediately.
Vic posts letters to Ulrika and Bob at 5.00pm on Thursday evening withdrawing his offers. Ulrika receives her letter at 9.30am on Friday but Bob’s letter never arrives.
On Thursday evening, Bob is in his local pub when he overhears Angelos saying, ‘Drinks are on me. I’ve just got a great deal on a second hand luxury caravan!’ Bob does not know Angelos and so does not want to interrupt his celebrations, however, he is concerned that Angelos may have bought Vic’s caravan.
At 11.00am on Friday, Bob contacts Vic and says he has the £12,000 and asks when he can collect the caravan. Vic responds that he has already sold the caravan to Angelos.
Advise the parties as to any rights and liabilities which may arise in the law of contract.
Introduction
This is and advice for all the parties as to any rights and liabilities which may arise in the law of contract. This advice will discuss the following:
Create a Roadmap
1. Advice about the Advert
2. Advice to Bob
a. Counter offer
b. Lapse of offer
c. Effectiveness of Revocation
d. Communication by a reliable third party
3. Advice to Ulrika
a. Request of information
b. Offer is open till Friday
c. Communication – postal rule
d. Effectiveness of Revocation
4. Advice to George
a. Method of acceptance
b. Communication of acceptance
5. Conclusion
The offer
For a contract to exist one party (“the offeror”) needs to make a clear and certain offer and the other party (the offeree) needs to communicate their equally clear and unequivocal acceptance. It is important to establish whether the advertisement placed on the notice board is an invitation to treat or an offer. If it is an offer it will be capable of being accepted by the parties. However if it is an invitation to treat, the parties must make the offer to Vic who may then choose to accept or reject it.
The Advert
Fact: Vic places a notice stating: ‘Luxury caravan for sale; fully equipped and in exceptional condition. Price available on request’. Was this an ofer?
General Principle: Although the advert is clear and specific and tells the buyer everything they need to know to accept, there is information missing such as the price. For this reason the advert will be regarded by the courts as an ITT.
Law: The authority for this proposition is Partidge v. Critenden which stated adverts in which goods are offered for sale should be deemed to be ITT.
Apply to facts: Relying on the above authority we can advise all the parties that the notice in the window of his local newsagent is an ITT and anyone contacting Vic will be enquiring and making an offer.
BOB
Counter offer
Facts: Bob contacts Vic on Monday to ask if he would be prepared to sell the caravan for £10,000. Vic says that he will only accept £12,000. Was this a counteroffer?
General Principle: A counter-offer nullifies the original offer.
Law: In Hyde v Wrench (1840) 3 Beav 334 the Court held in submitting his own offer, Wrench rejected the offer made by Hyde. The original offer had been completely destroyed and it was not something that was open for Hyde to accept.
Apply: Vic made a counter offer of £12,000 to Bob. This destroys the offer of £10,000 made by Bob. Bob can only accept or make counter offer.
Lapse of offer
Facts: Vic responds that he will keep his offer open until 11.30am on Friday. On 11.00am Friday Bob says he has the £12,000 and asks when he can collect the caravan. Is Vic bound in contract?
General principle: an offer will lapse before it has been accepted and the time given for the offer to expires.
Law: Ramsgate Victoria Hotel v Montefiore (1866) LR 1 Exch 109 which states offers will expire at the end of the time stated for the lapse (if it’s actually said) or after a reasonable time passes.
Apply: Vic contacts Bob at 11am on Friday within the time limit. So the validity of contact now depend on the effectiveness of the revocation.
Effectiveness of Revocation
Facts: Vic posts letters to Bob at 5.00pm on Thursday evening withdrawing his offer but it never arrives. Can the offer be revoked?
General Principle: An offer can be withdrawn at any time before it has been accepted. Anything said or done to accept the offer after it has been withdrawn has absolutely no effect whatsoever.
Law: Routledge v Grant (1828) 130 ER 920, Best CJ The court held that, in this case, the acceptance had come too late. He reasoned that, if one of the parties had six weeks to accept an offer, the other had six weeks to put an end to it. One party cannot be bound without the other.
Apply: Withdrawal needs to be communicated to the offeree. This does not become effective until this kind of communication to withdraw is received. The special rule for postal acceptances (below) is not something that applies to withdrawals. Therefore Vic has not effectively revoked the offer and it is capable of acceptance by Bob.
Communication by a reliable third party
Facts: Bob does not knows that Angelos may have bought Vic’s caravan. Has revocation taken place?
General principle: The revocation of an offer does not have to be communicated by one party to another directly; it can be done through a reliable third party.
Law: Dickinson v Dodds (1876) LR 2 Ch D the Court of Appeal held that the information that was provided by a neutral and trustworthy third party about the house being sold was seen to amount to sufficient notice of the withdrawal of the offer for sale. Therefore, his acceptance was not effective.
Apply: Because Bob has been made aware that the goods are no longer available he has been notified of the withdrawal of the offer by third party and cannot accept.
OUR law Books USE the fact law sandwich
The books that are published by Law Tutor are a comprehensive collection of legal notes that were written by a former law lecturer and barrister. These books break down all the information you need to follow the fact law sandwich. We breakdown each case into Facts, General principle, Ratio and Application. These law books are prefect study guide for anybody doing a law course or sitting for the LLB regardless of where they study law. This is because the volumes cover a wide range of legal topics.
