The application of syllogism as a pedagogical tool in teaching duty of care

Abstract

IRAC is an acronym for issue-law-application-conclusion, and is the conventional problem-solving format presented to students in first-year legal studies. In first-year legal studies, IRAC is usually taught as a formalistic series of steps with the headings of the acronym. There ismuch conceptual uncertainty in many of the milestone approaches to the duty of care in negligence, particularly in novel situations, leading to difficulties in students’ understanding. This article explores the advantages of teaching legal principles relating to the duty of care in novel situations by a syllogism-based model of IRAC rather than the conventional, formalistic model currently in use, and argues that the use of syllogism as a tool to teach duty of care will greatly assist students to understand and express answers to problems involving the topic.

RAS ID

44748

Document Type

Journal Article

Date of Publication

2021

Volume

13/14

Issue

1

School

School of Business and Law

Copyright

free_to_read

Publisher

Australasian Law Academics Association

Comments

Allcock M., Yin K. (2021). The application of syllogism as a pedagogical tool in teaching duty of care. Journal of the Australasian Law Academics Association, 2020-21, 13/14, 12-28.

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