ASSIGNMENT: CASE SYNTHESIS INSTRUCTIONS: Please prepare a 2 (single spaced) page synthesis of the law as to when a child can be found contributorily negligen t, as it may be deduced from the following three cases ONLY (i.e. not any lower or higher court decisions in any of these cases or subsequent considerations of these cases): Yachuk v. The 0liver Blais Company Limited et al., [1945] O.R. 18-35 (C.A.) Joyal v. Barsby (1965), 55 D.L.R. (2d) 38 (Man. C.A.) Ottosen v. Kasper, [1986] B.C.J. No. 139 (B.C.C.A.) You may adopt the format that you find most useful. However, the objective is to have a concise and general statement of the rule of law that is still comprehensive and informative. I suggest that you aim to produce a statement of the rule of law that resembles the “textual fusion of rules” example at p. 36 of the McCallum book. Feel free to adapt that style to your own purposes. The synthesis will be due in class on Oct. 6, 2010. ABOUT CASE SYNTHESIS The purpose of learning how to synthesize cases is to enable you to extract a comprehensive picture of a legal rule from a group of cases, all of which deal with the rule or different aspects of the rule in different factual contexts. Since different cases may each contribute different insight into a particular rule or principle (for example, by adding qualifications, conditions or exceptions), it can be very useful to extract their essential points and to blend them with each other for a more complete picture of the rule. A careful and correct summary of the legal rule will assist you in predicting how that rule would apply in other factual contexts. For the purposes of this assignment, you are being provided with a set of cases. In a real research situation, you would likely have to find the relevant cases yourself. The research training you are receiving through the library should provide background on how you would go about finding cases. This assignment picks up at the point where you have gathered the cases, and are ready to go about analyzing them. The process of synthesizing cases involves the following steps.
ASSIGNMENT:CASE SYNTHESISINSTRUCTIONS: Please prepare a 2
(single spaced) page synthesis of the law as to when a child can be
found con!ibuo!il" negligen, as it may be deduced from the
following three cases ONLY (i.e. not any lower or higher court
decisions in any of these cases or subseuent considerations of
these cases)!Yachuk v. The 0liver Blais Company Limited et al.,
"#$%&' O.(. #)*+& (,.-.)Joyal v. Barsby (#$.&),
&& /.L.(. (2d) +) (0an. ,.-.)Ottosen v. Kasper, "#$).'
1.,.2. No. #+$ (1.,.,.-.)You may adopt the format that you find
most useful.3owe4er, the ob5ecti4e is to ha4e a concise and general
statement of the rule of law that is still comprehensi4e and
informati4e.6 suggest that you aim to produce a statement of the
rule of law that resembles the 7te8tual fusion of rules9 e8ample at
p. +. of the 0c,allum boo:. ;eel free to adapt that style to your
own purposes.
