Chapter 5 SAC #2

Question 1

Explain/list problems with precedents.

Answer 1

• 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).

Question 2

Explain/list some strengths of precedents.

Answer 2

• Consistency and fairness (Doctrine of Precedent).
• Certainty (Refers to previous cases).
• Growth in law.
• Flexibility (Four ways to develop/avoid precedents).

Question 3

Explain/list some weaknesses of precedents.

Answer 3

• 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.

Question 4

List some reasons for statutory interpretation.

Answer 4

• 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.

Question 5

What is a tort?

Answer 5

The infringement of a recognised legal right for which a person may take action for damages; a civil wrong.

Question 6

List the four types of torts.

Answer 6

• Defamation.
• Negligence.
• Trespass.
• Nuisance.

Question 7

Explain assault.

Answer 7

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.

Question 8

Explain battery.

Answer 8

A direct act of contact by one person to another person without their consent.

Question 9

Explain false imprisonment.

Answer 9

The wrongful removal of the liberty of a person, directly brought about by another person.

Question 10

Explain the components of trespass to land.

Answer 10

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.

Question 11

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

Answer 11

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.

Question 12

List the four general defences to torts.

Answer 12

• Consent.
• Statutory Authority.
• Necessity.
• Self-Defence.

Question 13

Explain the defence of consent.

Answer 13

A person assumes a risk knowingly, therefore discharging liability.

Question 14

Explain the defence of statutory authority.

Answer 14

Law made by Parliament allows a tort to be breached.

Question 15

Explain the defence of necessity.

Answer 15

Allows someone to harm another to prevent greater harm.

Question 16

Explain the defence of self-defence.

Answer 16

Allows someone to protect themselves from attack.