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Flashcards in Chapter 5 SAC #2 Deck (16)
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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.

1. Enters the land without permission.
2. Remain on the land after permission to stay has expired.
3. Place things on the land without permission.


For the tort of trespass to goods to be successful, it must be proven that:

1. Plaintiff had possession of goods at the time of interference.
2. Defendant's actions were intentional.
3. 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.