Week 3 - Actions & Cases

Question 1

Review how to read a court case!

Answer 1

Okay :(

Question 2

Briefly describe the St. Helen’s smeltering v Tipping case

Answer 2

• 1865
• St. Helens Smelting Co (defendant; appellant)
• William Tipping (plaintiff, respondent)
• Initially Tipping sued St Helens because he bought land near smelting co, but they increased activities and caused damages to trees/crops/animals
• defendant pleased not guilty, but charged with damages
• defendant appealed charges
• appeal was dismissed and respondent was paid off - business is business, so it must continue

Question 3

Briefly describe the Rylands v Fletcher case

Answer 3

• 1868
• Rylands (defendant)
• Fletcher (plaintiff)
• Fletcher sued Rylands because defendants reservoir flooded plaintiffs old mine shafts and caused damages to the whole mine
• resulted in defendant being guilty for causing damages to the plaintiff’s property

Question 4

Briefly describe the Bottom v Ontario Leaf Tobacco Co Ltd case

Answer 4

• 1935
• Bottom (plaintiff, appellant)
• ON Leaf Tobacco (defendant, respondent)
• initially, Bottom sued ON Tobacco b/c built new tobacco processing plant near their house and caused sickness in family
• dismissed in court, not taken seriously b/c business is business
• appealed, determined Bottom entitled to judgement for damages