Example outline

For example, if your problem concerned the law of unjust enrichment, you might outline the 3 levels of analysis as follows:206

Level 1: Area of law = Law of equity

Level 2: Basis of plaintiff's right = Law of unjust enrichment

Level 3: Elements and ingredients =

A. Elements

Plaintiff must show:

(1) the Defendant was enriched;

(2) the enrichment was at the expense of the plaintiff;

(3) the enrichment was unjust; and

(4) no defenses apply, such as change of position.

B. Ingredients

[Now we must divide the elements into their ingredients. In a real problem, you would do this for all 4 elements. But, as an illustration, we will consider only 1 element—that the enrichment was 'unjust'.]

To show (3) that the enrichment was unjust, the plaintiff must show:

(a) mistake of law; or

(b) mistake of fact; or

(c) duress; or

(d) undue influence; or

(e) total failure of consideration; or

(f) etc.

[As before, you would continue dividing these ingredients until you could not reasonably divide the ingredients into sub-ingredients, the sub-ingredients into sub-sub-ingredients, etc, any further.]207

206 See Christopher S Enright, Studying Law (3rd ed, 1989) 469–71 for a more detailed example.

207 Christopher S Enright, Studying Law (3rd ed, 1989) 471.

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