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Environmental Law > L2 - Common Law > Flashcards

L2 - Common Law Flashcards

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1
Q

What is Common Law?

A

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

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2
Q

What is Case Law?

A

Another name for Common Law

“The body of law set out in judicial decisions, as distinct from statute law”

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3
Q

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

A

Beyond Reasonable Doubt

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4
Q

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

A

Balance of Probability

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5
Q

What is Tort Law?

A

The branch of Civil Law that deals with Civil Wrongs

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6
Q

What is Nuisance?

A

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

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7
Q

What is Private Nuisance?

A

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

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8
Q

What is Public Nuisance?

A

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

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9
Q

What are Proprietary Rights?

A

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

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10
Q

Name 7 Factors that are considered when looking at Reasonability?

A
  1. Public Benefit
  2. Location
  3. Nature
  4. Duration
  5. Intensity
  6. Sensitivity
  7. Fault
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11
Q

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

A

Rylands v. Fletcher

It was created because of gaps in the legislation that said that nuisances couldn’t be claimed for one-off events

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12
Q

What is Trespass?

A

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

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13
Q

What is Negligence?

A

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

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14
Q

What is Strict Liability?

A

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

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15
Q

Name 4 Civil Law Remedies?

A
  1. Damages
  2. Punitive Damages
  3. Injunctions
  4. Damges in lieu of an Injunction
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16
Q

Is Common Law, civil or criminal?

A

Civil

17
Q

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

A
  1. Appeasement
  2. Justice
  3. Deterrence
  4. Compensation
    (Glanville Williams [1951])
18
Q

What are the 4 key torts?

A
  1. Nuisance
  2. Trespass
  3. Rylands v. Fletcher
  4. Negligence
19
Q

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

A

A balancing exercise focus on the questions of reasonableness

20
Q

What does the Sanders Case state?

A

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

21
Q

Who can bring an action in nuisance?

A
  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
22
Q

What are the 2 private nuisance remedies?

A
  1. Injunction

2. Self Help

23
Q

What are the 2 private nuisance defences?

A
  1. Prescription (allowed for >20 years)

2. Statutory Authority

24
Q

What are the 4 essential public nuisance elements?

A
  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)
25
Q

What are the 3 public nuisance remedies?

A
  1. Injunctive
  2. Compensation
  3. Fine
26
Q

What are the public nuisance remedies?

A

The same as for private excluding Prescription

27
Q

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

A

1968

28
Q

Complete the Sentence (Rylands v. Fletcher):

Liability will follow for the natural consequences of its escape assuming that these are_____

A

Foreseeable

29
Q

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

A

“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])

30
Q

Give 5 elements of Trespass

A
  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
31
Q

Give 4 Trespass defences

A
  1. Enters another’s land with owners permission
  2. Permitted by law to enter
  3. Necessity
  4. Licence
32
Q

Give 2 Trespass remedies

A
  1. Damges

2. Injunctions

33
Q

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

A
  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]

34
Q

What is vicarious liability?

A

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

35
Q

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

A
  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

Environmental Law (9 decks)

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