You are a lawyer working in a fictional country called Nambia.

In this country there is a city called Nambia One (NB1). It is the capital city and it is on the coast next to the Atlantic Ocean.

The infrastructure of the city is being extensively damaged by various natural phenomenon such as hurricanes, rising sea level, flooding and so forth. Evidence will be led that all the problems are caused by climate change and this in turn is caused by the burning of fossil fuels. The cost of repairing the infrastructure is $300 billion dollars.

Your client, the city NB1, has obtained documents held by five oil companies American Oil, British Oil, Dutch Oil, Royal oil and Big Greedy Oil which shows that in 1975 they were fully aware that the burning of fossil fuels caused climate change. However, they were afraid the if they made this known that Governments around the world would implement special regulations that would either impose a climate change tax on them or that Governments would implement laws that weaned society off fossil fuels.

These companies then set about on deliberate attempts to mislead the public and governments around the world about the impact of fossil fuels. These efforts included the following:

1) World-wide advertising campaigns alleging that burning fossil fuels did not cause climate change;

2) Paying scientist to conduct studies that showed that burning fossil fuels did not cause climate change;

3) Deliberately discrediting those scientists who showed that burning fossil fuels caused climate change using various underhand strategies;

You are to write a 6 page essay in which you advise NB1 whether they have an action against the oil companies.

This question is to be answered in FIRAC form.

These will be as follows:

F Facts By this is meant that your “introduction” will be a summary of the facts of the case. ½ page
I (LEGAL) ISSUE You are to identify the legal problem(s) that are being raised in the question.

Here, you name the legal issue or action raised by the facts of the problem question, and mention the ‘elements’ of each action to determine whether the facts and conduct of the parties involved satisfy the requisite legal requirements of the action.

½ – 1

Page

R Rule(s) This is a re-statement of the law as you learned from your textbook and other sources.

This will involve a detailed study of the law

Here you will also be required to look at similar cases and explain what the court decided in those cases. He a short summary may be necessary to explain the case and/or even excerpts from the judgment.

Give a case citation for each element.

Example:

The elements of the tort of negligence are:

Duty of Care

The elements of the duty of care are….. (here you identify the elements using Donoghue v Stevenson and Caparo v Dickman and all other relevant cases. You must state the elements in full and if necessary include a short summary of the cases that you are relying upon.

You are to cite the cases properly.

Breach of the Duty

Set out the law plus the relevant cases as stated above

Causes

Set out the law plus the relevant cases as stated above

Damages

Set out the law plus the relevant cases as stated above

Other issues that you may identify should also be canvassed

You will be required to look at cases from United Kingdom (see your book) and you may also look at the following jurisdictions such as USA, South Africa, European court of Human Rights.

South African sources can be found at SAFLII

http://www.saflii.org/

European Court of Human Rights cases can be found at

http://www.echr.coe.int/Pages/home.aspx?p=home

2 ½ – 3 pages
A Application The application should be the simplest part of your writing.

If you know the facts, can see the issues, and know the rules pertaining to those issues, the application will write itself.

Simply state the issue, state the facts & rules that give rise to the issue, and tell explain how those facts do or do not meet the requirements laid down by the rules.

2 pages
C Conclusion The conclusion is a statement that explains what the result of your argument is, or what it should be.

But, as with all good writing, the conclusion should be redundant.

All of your application sections should have already clearly stated the conclusion for each individual issue.

Thus, you are here “wrapping up using the conclusions that you arrived at in the application section.

½ page

Style guidelines can be found here:

http://law.mandela.ac.za/law/media/Store/documents/Obiter/Obiter-Stylistic-Guidelines-Updated-5-May-2014.pdf