A v B CLASS EXERCISE
WHAT TO DO IF THERE ARE 2 PIECES OF INFO?
Here, 2 pieces of info:
1) Cartoons showing the party
2) Details of Evans pranks at high school
The best approach to this case is to identify the 2 in issue.
Under each part of your answ
The law of negligence is not an area where fixed absolutes of universal application are appropriate.
In each case the governing consideration is the underlying principle. The underlying principle is that
reasonable foreseeability, as an ingredien
Trespass to goods-person
Trespass to goods:
Any act of direct wilful physical interference with goods in possession of another person. E.g.
taking goods away; damaging them; rendering them unfit for purpose.
Wilful interference with goods inco
When an employer is liable for an employee. An institution may still be vicariously liable if their
relationship with the tortfeasor can be compared with an employer-employee relationship.
Vicarious liability as two elements:
1) A rel
LAWS122 TERMS ASSIGNMENT 2015
The issue is whether Sonia can sue Wendy for damages under breach of confidence when a drunk
Maria told guests at a Tupperware party information about Sonias affair with her stepbrother, and
Wendy overheard and went on
DEALING WITH PRECEDENT
A judge may choose to:
- Extend (adding to law established by previous case)
- Distinguish (material fact differences enough to distinguish case and follow different legal
LAWS122 CHEAT SHEET
Material facts: type of information, how it was disclosed, how defendant revealed it (to who, what
For an action in BoC to be successful in absence of a contract, it must sati
CLASS EXERCISE: COCO v AN CLARK
The issue is whether Zoe will be successful in a claim for (damages?) under breach of confidence
against Phoebe, when Zoe shared information about her prototype for a futuristic hula hoop with
Phoebe and other
STEPHENS V AVERY CLASS EXERCISE
The issue is whether Marge could sue Lisa for damages under breach of confidence, when Marge
told Lisa information about a local businessman inviting her for dinner on the grounds that Lisa
would be discrete,
2014 PRACTICE EXAM
What information is at issue?
2 types of information
- Either separate into 2 issues or mention in one, as long as the material facts are mentioned
- Circumstances of communication will be the same for both issues B
EARTHQUAKE COMMISSION V KREIGER [HC]
(NB: NZ cases:
- Freedom of expression is found in BoRA and as such, the courts can take this into account
- Pieces of other legislation directed at covering peoples privacy
- NZ courts therefore would be open
DOCTRINE OF PRECEDENT
Binding Precedents vs Persuasive Precedents
Binding precedent = absolute authority. There is an obligation for later courts to follow these.
Persuasive precedent: later courts have a right to not follow this precedent. There are
1. Standing to sue (Canary wharf)
- (who has a legal right to claim, Canary Wharf)
- right to exclusive possession of the land e.g freeholder, tenant etc.
- Majority: the plaintiff must not have a possessory interest in the land