Civil Allocation in Idylia


In the past Idylia operated without an adversary system of justice. All civil disputes were brought to the Tribunal of Inquiry, which thoroughly investigated and reached factual conclusions about each and every element that the Idylia legislature specified as essential to recovery. In some cases the Tribunal of Inquiry would remain uncertain even after exhaustive investigation. These cases would be decided by coin flip. The system was enormously expensive and the results unsatisfying, particularly in the coin-flip cases.

You are commissioned to allocate the proof of elements between plaintiff and defendant in contract suits and to provide a coherent theoretical justification for your allocation

The elements for breach of contract in Idylia are as follows: agreement, consideration, breach, and absence of mistake. Records of the Tribunal of Inquiry show that in the last year (consider it representative) there were 3,000 disputed contracts. Estimates are that this is approximately 5 percent of all contracts. Damages were awarded in 1,000 cases.


  Number of cases in which the element was the major disputed issue Number of cases in which Tribunal decided for recovery Number of cases in which decision was for no recovery Number of cases in which Tribunal wound up uncertain and flipped a coin
Agreement 850 325 275 250
Consideration 400 200 150 50
Breach 1,700 440 970 290
Absense of mistake 50 35 5 10
  3,000 1,000 1,400 600(1)


What do you recommend, and why?


1. 300 of these came out for the plaintiff.

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