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Flashcards in L2 - Common Law Deck (35):

What is Common Law?

Law that is interpreted by the courts for decision-making and is developed by the courts when gaps exist in the legislation


What is Case Law?

Another name for Common Law
"The body of law set out in judicial decisions, as distinct from statute law"


What is the Burden of Proof for Criminal/Public Law?

Beyond Reasonable Doubt


What is the Burden of Proof for Civil/Private Law?

Balance of Probability


What is Tort Law?

The branch of Civil Law that deals with Civil Wrongs


What is Nuisance?

A common law tort, that causes offence, annoyance, trouble or injury. This maybe Public or Private


What is Private Nuisance?

An unlawful interference with a persons use or enjoyment of land. The basic claim is a question of reasonableness


What is Public Nuisance?

A nuisance that endangers life, health, property, morals or comfort of the public


What are Proprietary Rights?

Access to Property (Consider Exclusive Possession vs. Leasehold Ownership)


Name 7 Factors that are considered when looking at Reasonability?

1. Public Benefit
2. Location
3. Nature
4. Duration
5. Intensity
6. Sensitivity
7. Fault


Which case is now a distinctive tort itself and why was it developed?

Rylands v. Fletcher
It was created because of gaps in the legislation that said that nuisances couldn't be claimed for one-off events


What is Trespass?

Every unlawful entry by one person on land in the possession of another is trespass for which an action lies, although no actual damage was done


What is Negligence?

When there is breach in the Duty of Care and there was foreseeable damage


What is Strict Liability?

That you need only to prove the act or omission, which forms pat of the offence


Name 4 Civil Law Remedies?

1. Damages
2. Punitive Damages
3. Injunctions
4. Damges in lieu of an Injunction


Is Common Law, civil or criminal?



What are the 4 purposes of Tort Law and which case established them?

1. Appeasement
2. Justice
3. Deterrence
4. Compensation
(Glanville Williams [1951])


What are the 4 key torts?

1. Nuisance
2. Trespass
3. Rylands v. Fletcher
4. Negligence


What is the basis for a claim in nuisance based on?

A balancing exercise focus on the questions of reasonableness


What does the Sanders Case state?

If the defendant is using land reasonably then there is nothing, which can be considered at law a nuisance


Who can bring an action in nuisance?

1. The party causing nuisance
2. The party authoring the nuisance
3. A sucessor
4. Occupiers are responsible for the acts of their employees and trespassers


What are the 2 private nuisance remedies?

1. Injunction
2. Self Help


What are the 2 private nuisance defences?

1. Prescription (allowed for >20 years)
2. Statutory Authority


What are the 4 essential public nuisance elements?

1. Nuisance has affected a class of people
2. Claimant must have suffered special damage
3. Injunctions can be sought either by the AG or LA
4. Individuals can bring an action with the AG permission (relator action)


What are the 3 public nuisance remedies?

1. Injunctive
2. Compensation
3. Fine


What are the public nuisance remedies?

The same as for private excluding Prescription


In what year did the Rylands v. Fletcher case occur?



Complete the Sentence (Rylands v. Fletcher):
Liability will follow for the natural consequences of its escape assuming that these are_____



What is the Tort of Trespass? and which case was it outlined in?

"Every unlawful entry by one person on land in the possession of another is trespass for which action lies, even through no actual damage is done"
(Dymond v. Pearce [1972])


Give 5 elements of Trespass

1. Interference with personal/proprietary rights without lawful excuse
2. Trespass doesn't have to cause damage
3. Is actionable per se
4. Must be a casual link
5. Can be intentional or negligent


Give 4 Trespass defences

1. Enters another's land with owners permission
2. Permitted by law to enter
3. Necessity
4. Licence


Give 2 Trespass remedies

1. Damges
2. Injunctions


What are the 4 negligence elements and which cause introduced the Neighbourhood Principle

1. Duty of care owed by defendant to claimant
2. Breach of duty in the care
3. Physical/Psychological causation of injury/harm
4. Actual damage that was foreseeable

Key Case -- Donoghue v. Stevenson [1932]


What is vicarious liability?

An employer may be vicariously liable for a tort committed by one of its employees


What 3 things need to be satisfied for vicarious liability to arise?

1. Worker must be an employee (not an independent contractor)
2. Employee must have committed a tort
3. The tort must have been committed in the course of their employment