2015-2016 Deck Flashcards
What three things are the Ratio Decidendi based on:
a) the material facts
b) the decision of the judge
c) the reason for the decisions
What does the principle of Obiter Dicta translate as:
things said by the way
Is the obita dicta legally binding
no - it can be persuasive for future cases
Is the Supreme Court bound by its own decisions?
No
What is it called when the Government chose not only to consolidate current legislation on a particular topic but to include also principles embodied in case law. As a result most include existing statue and case law is reduced to a single code?
a codifying act
What are the four examples of a Codifying Act:
a) the Bills of Exchange Act 1882
b) the Partnership Act 1890
c) the Sale of Goods Act 1979
d) the Marine Insurance Act 1906
What is it called when an act is one which repeals all previous legislation on a subject and re-enacts it in one logically arranged statute? No new law is created but existing statutory enactments are brought under one ‘umbrella’
Consolidating Acts
What two examples are given for Consolidating Acts?
a) The Road Traffic Act 1988
b) The European Parliament and Council Directive
What are Enabling Acts (or Parents Acts) and rules under the Authorities known as?
Delegated or subordinate legislation
As parliament doesn’t have time to lay down all intricate rules and often law down general framework of rules- what is the term given to persons of power to make detailed rules and regulations for the purpose of implementing the act?
Delegated legislation
What are the three most important forms of delegated legislation?
a) statutory instruments
b) orders in council
c) bye - laws
What is the terms for legislation with affects acts done or right acquired before it came into effect?
Retroactive or retrospective legislation
What case is generally regarded as a separate form of nuisance? and an example of strict liability- that is, liability that can arise even where there is no fault or negligence?
Rylands v Fletcher (1868)
Which case is this:
The defendant employment independent contractors to construct a reservoir on his land to supply water to his mill. In the course of construction, the contracts came across some disused mine shafts filled with earth. After the work was completed one of the shafts gave way and water burst through and flooded the claimant’s colliery. It was found as a fact that the defendant had not been negligent
Rylands v Fletcher (1868)
For which tort is the claimant never required to prove that he has suffered loss or damage? A. Negligence. B. Nuisance. C. Slander. D. Trespass to land
D. Trespass to land
The general purpose of the law of torts is to protect people’s right by allowing them to sue- why?
If their interests are invaded, threatened or harmed
Which form of tort is actionable per se? Where you don’t have to prove you have suffered loss or damage
Tresspass
What does the following characteristic refer to under tort Trespass:
There is no liability unless the injury or harm is caused directly
The act of the defendant must be direct
What three forms does trespass take?
Trespass to the person
Trespass to goods
Trespass to land
What three forms does trespass to the person take?
Assault
Battery
False Imprisonment
Under trespass to goods tort- if the defendant deliberately deals with the goods in a way which is inconsistent with the right or a person who owns them what can they be sued for?
Conversion = stealing goods or selling borrowed goods
What three forms does trespass to land take?
Unlawful entry onto the land of another
Unlawfully remaining on the land of another
Unlawfully placing or throwing any material object upon the land or another (rubbish)
For the act of negligence to succeed, what are the three essentials?
- a duty of care owed by the defendant to the claimant
- a breach of that duty by the defendant (negligence); and
- damage suffered by the claimant as a result of the negligent act
What is the famous case that established the tort of negligence- duty of care?
Donoghue v Stevenson (1932)