Explain/list problems with precedents.
- Locating relevant cases.
- Identifying ratio decidendi and Obiter dictum (in past cases).
- Cases with more than one ratio.
- Determining what is a like case (to case at hand).
Explain/list some strengths of precedents.
- Consistency and fairness (Doctrine of Precedent).
- Certainty (Refers to previous cases).
- Growth in law.
- Flexibility (Four ways to develop/avoid precedents).
Explain/list some weaknesses of precedents.
- Rigidity and inflexibility (Binding precedents).
- Lack of certainty (No two cases are the same).
- Inefficiency (Relies on plaintiff to bring the action; location of other relevant cases is difficult and time-consuming).
- Departing from long established precedents.
List some reasons for statutory interpretation.
- Act may be written in broad terms.
- May be problems in drafting of Act.
- Problems relating to defining terms.
- Meaning of terms may change over time.
- Judges have to keep the law relevant by way of interpreting often elderly legislation.
What is a tort?
The infringement of a recognised legal right for which a person may take action for damages; a civil wrong.
List the four types of torts.
- Defamation.
- Negligence.
- Trespass.
- Nuisance.
Explain assault.
Refers to an unlawful act that creates in a person’s mind a reasonable fear that he or she is about to suffer bodily force or contact.
Explain battery.
A direct act of contact by one person to another person without their consent.
Explain false imprisonment.
The wrongful removal of the liberty of a person, directly brought about by another person.
Explain the components of trespass to land.
- Enters the land without permission.
- Remain on the land after permission to stay has expired.
- Place things on the land without permission.
For the tort of trespass to goods to be successful, it must be proven that:
- Plaintiff had possession of goods at the time of interference.
- Defendant’s actions were intentional.
- Interference was a direct act by the defendant.
List the four general defences to torts.
- Consent.
- Statutory Authority.
- Necessity.
- Self-Defence.
Explain the defence of consent.
A person assumes a risk knowingly, therefore discharging liability.
Explain the defence of statutory authority.
Law made by Parliament allows a tort to be breached.
Explain the defence of necessity.
Allows someone to harm another to prevent greater harm.
Explain the defence of self-defence.
Allows someone to protect themselves from attack.
