Economics and Society

Introduction: “ILAC” stands for “Issue, Law, Application, Conclusion”. It is a common
approach to legal reasoning. But you can use this way of thinking in many other places too: to
structure a paragraph, essay, report, or presentation. In this Core paper we want to help you
develop the skills on framing an issue, identifying and explaining the relevant law, and
justifying your advice or conclusion on the issue. These skills are useful in many disciplines,
not just in law. When you complete this assessment, you will also have a sample of good
writing that you can keep in your own portfolio and use in the future, to aid your future
studies or even your job applications.
Issue: This refers to the “legal issue” or the “key legal question”. This does not refer to the
source of the complaint or what went wrong. For example, in Joanne’s scenario on the next
page, the source of her complaint is that her washing machine did not function properly.
Contrast this with the key legal question: Does Joanne have the legal rights to a remedy, such
as a refund? Please make sure you understand the difference between the two. We encourage
you to state the issue as a question, like we have demonstrated. Identifying and framing the
legal issue clearly will help you refine your search for the law.
Law: For part 1, we are using selected sections from the Consumer Guarantees Act 1993. For
part 2, you will have to identify relevant sections from the Fair Trading Act 1986 yourself.
You can access them at http://legislation.govt.nz/. You could also cite case law to
supplement. Do not simply copy-and-paste the legislation. Instead, explain the relevant
content in your own words, preferably in plain English. Imagine you are the lawyer and
Joanne is your client. Joanne is not a lawyer; she thinks the law is scary, and she does not
know what legislation is relevant, how to find them, and how to read them. It is your job to
explain the relevant sections of the legislation to her in a plain language that the average
person can understand.
Application: Here you state the key facts of the scenario, and link them to the relevant
sections of the law you have identified above. The Application section should mirror the Law
section closely. For example, if you have mentioned s2 of CGA 1993 in the Law section, you
should state the key facts on which s2 of CGA 1993 applies in the Application section. In
other words, this is the section where the selected law is “married” to the key facts. This is
the most important, and usually the longest, section in an ILAC essay.
Conclusion: Simply answer the key legal question you have identified in the beginning of
your essay. It could be in the form of an advice or suggestion based on your research in the
law and analysis of the facts.

 

2

ILAC Templates
Due: 18 Oct 2019 (Friday, week 12), 23:45pm, online on Blackboard via Turnitin
Name: ________________ Student ID: _______________ Stream: ___________
Total marks = 20
Part 1: Application of the Consumer Guarantees Act 1993
Instructions for Part 1: The lecturer and workshop tutor will walk you through this ILAC
starting in week 9. This is our demonstration on how to construct an ILAC. Make sure you
attend lectures and workshops. Your job is to write down the Law, Application, and
Conclusion sections in good English.
Scenario: Last week Joanne bought a brand-new washing machine from Fred’s appliance
store. The first time Joanne used the washing machine, it did not function properly and
damaged all her expensive shirts. Now Joanne brings the machine back to Fred’s store and
wants her money back. Fred points out the sign on his wall: “No Refunds.” Fred says that the
machine is no longer brand-new, and Joanne should have checked it carefully before buying
it. Fred refuses to give Joanne a refund.
Issue (1 mark: freely given to you)
Does Joanne have the legal rights to a remedy?
Law (4 marks)
(The text box will expand as you start typing.)

Application (4 marks)

Conclusion (1 mark)

Suggested word count: 300

3
Part 2: Application of the Fair Trading Act 1986
Instructions for Part 2: Here you have to come up with your own scenario. This could come
from your personal experience, an actual situation that happened in New Zealand, or a
hypothetical situation. If you need inspiration, watch the Commerce Commission’s YouTube
video “If you can’t back it up, don’t say it” (https://youtu.be/a9a2HtaeNFE). Describe your
scenario clearly and concisely in the space below. Then complete the ILAC essay.
Scenario:

Issue (1 mark)

Law (4 marks)

Application (4 marks)

Conclusion (1 mark)

Suggested word count: 300

 

Extract of Fair-Trading Act 1986

1A Purpose
(1)
The purpose of this Act is to contribute to a trading environment in which—
(a)
the interests of consumers are protected; and
(b)
businesses compete effectively; and
(c)
consumers and businesses participate confidently.
(2)
To this end, the Act—
(a)
prohibits certain unfair conduct and practices in relation to trade; and
(b)
promotes fair conduct and practices in relation to trade; and
(c)
provides for the disclosure of consumer information relating to the supply of goods
and services; and
(d)
promotes safety in respect of goods and services.
S2 Interpretation
trade means any trade, business, industry, profession, occupation, activity of
commerce, or undertaking relating to the supply or acquisition of goods or services or
to the disposition or acquisition of any interest in land

9.Misleading and deceptive conduct generally—
No person shall, in trade, engage in conduct that is misleading or deceptive or is
likely to mislead or deceive.
10.Misleading conduct in relation to goods—
No person shall, in trade, engage in conduct that is liable to mislead the public as to
the nature, manufacturing process, characteristics, suitability for a purpose, or
quantity of goods.
11.Misleading conduct in relation to services—
No person shall, in trade, engage in conduct that is liable to mislead the public as to
the nature, characteristics, suitability for a purpose, or quantity of services.

12.Misleading conduct in relation to employment—
No person shall, in relation to employment that is, or is to be, or may be offered by
that person or any other person, engage in conduct that is misleading or deceptive,
or is likely to mislead or deceive, as to the availability, nature, terms or conditions, or
any other matter relating to that employment.
13.False [or misleading] representations—
No person shall, in trade, in connection with the supply or possible supply of goods
or services or with the promotion by any means of the supply or use of goods or
services,—
(a)[make a false or misleading representation] that goods are of a particular kind,
standard, quality, grade, quantity, composition, style, or model, or have had a
particular history or particular previous use; or
(b)[make a false or misleading representation] that services are of a particular kind,
standard, quality, or quantity, or that they are supplied by any particular person or by
any person of a particular trade, qualification, or skill; or
(c)[make a false or misleading representation] that a particular person has agreed to
acquire goods or services; or
(d)[make a false or misleading representation] that goods are new, or that they are
reconditioned, or that they were manufactured, produced, processed, or
reconditioned at a particular time; or
(e)[make a false or misleading representation] that goods or services have any
sponsorship, approval, endorsement, performance characteristics, accessories,
uses, or benefits; or
(f)[make a false or misleading representation] that a person has any sponsorship,
approval, endorsement, or affiliation; or
(g)Make a false or misleading representation with respect to the price of any goods
or services; or
(h)Make a false or misleading representation concerning the need for any goods or
services; or
(i)Make a false or misleading representation concerning the existence, exclusion, or
effect of any condition, warranty, guarantee, right, or remedy; or
(j)Make a false or misleading representation concerning the place of origin of goods.

40.Contraventions of provisions of Parts 1 to 4A an offence
(1)
Every person who contravenes a provision of  Part 1  (except  sections 9 ,  14(2) ,  23 ,
or  24 ),  Part 3 , or  Part 4  commits an offence and is liable on conviction,—
(a)
in the case of an individual, to a fine not exceeding $200,000; and
(b)
in the case of a body corporate, to a fine not exceeding $600,000.
Civil proceedings
41 Injunctions may be granted by court for contravention of Part 1, Part 2, Part
3, and Part 4 (1)
The court may, on the application of the Commission or any other person, grant an
injunction restraining a person from engaging in conduct that constitutes or would
constitute any of the following— (a) a contravention of any of the provisions of Parts
1 to 4: (b) any attempt to contravene such a provision: (c) aiding, abetting,
counselling, or procuring any other person to contravene such a provision: (d)
inducing, or attempting to induce, any other person, whether by threats, promises or
otherwise, to contravene such a provision:
42.Order to disclose information or publish advertisement
(1)Where, on the application of the Commission, the court is satisfied that a person
has engaged in conduct constituting a contravention of any of the provisions of Parts
1 to 4, the court may (whether or not that person has previously engaged in such
conduct), make either or both of the following orders: (a) an order requiring that
person, or any other person involved in the contravention, to disclose, at that
person’s own expense, to the public, or to a particular person or to persons included
in a particular class of persons, in such manner as is specified in the order, such
information, or information of such a kind, as is so specified, being information that is
in Part 5 s 42 Fair Trading Act 1986 Reprinted as at 1 October 2018 72 the
possession of the person to whom the order is directed or to which that person has
access: (b) an order requiring that person, or any other person involved in the
contravention, to publish, at that person’s own expense, in such manner and at such
times as are specified in the order, corrective statements the terms of which are
specified in, or are to be determined in accordance with, the order.

43.Other orders
(1)
This section applies if, in proceedings under this Part or on the application of any
person, a court or the Disputes Tribunal finds that a person (person A) has suffered,
or is likely to suffer, loss or damage by conduct of another person (person B) that
does or may constitute any of the following:
(a)
a contravention of a provision of Parts 1 to 4A (a relevant provision):

(b)
aiding, abetting, counselling, or procuring a contravention of a relevant provision:
(c)
inducing by threats, promises, or otherwise a contravention of a relevant provision:
(d)
being in any way directly or indirectly knowingly concerned in, or party to, a
contravention of a relevant provision:
The court or the Disputes Tribunal may make 1 or more of the orders described in
subsection (3)—
(3)
The orders are as follows:
(a)
an order declaring all or part of a contract made between person A and person B, or
a collateral arrangement (for example, a collateral credit agreement) relating to such
a contract,—
(i)
to be void; and
(e)
an order directing person B to refund money or return property to person A:
(f)
an order directing person B to pay to person A the amount of the loss or damage:
(g)
an order directing person B, at person B’s own expense, to repair, or to provide parts
for, goods that have been supplied by person B to person A: