Lecture 9 LR

Defenses are not covered in the assignment but are important to understand for future scenarios.
Need to recognize what constitutes a defense and what does not.

Darren fails to stop at a red light and collides with Patsy's car.
Patsy was speeding (5 km/h over the limit) through a green light.
The passenger side door of Patsy's car is extensively damaged, and there's a dented bumper.
Patsy sustains a broken arm.
Evidence shows Patsy's car had a fender bender a few days prior.
Question: Is Darren liable for negligence for Patsy's harm, specifically the passenger door damage and the dented bumper?

Contributory negligence is a potential defense.
Patsy's speeding is relevant to this defense.
Darren, as the defendant, has the onus of proving the elements of contributory negligence.
A defense is a legal excuse with elements that the defendant must establish.

Facts that are not a defense but might reduce Darren's liability involve the property damage.
Patsy's prior fender bender affects the extent to which Darren is liable for the damage to the car, specifically the bumper.
Darren might escape liability if Patsy cannot prove the damage to the back of her car was due to Darren's negligence (running the red light).
This isn't a defense; it's a challenge to Patsy's ability to prove the elements of her case, specifically causation.
Patsy, as the plaintiff, must prove the damage to her car was a result of Darren's actions.

Accurate: "In his defense, Darren will argue Patsy has been contributorily negligent in speeding through the intersection."
Accurate: "It is likely Patsy will have difficulty proving Darren is the cause of the damage to her bumper."
Inaccurate: "It would be a defense for Darren to prove his negligence did not cause the damage to Patsy's bumper." (It's not a defense but challenges causation).
Accurate: "Darren may submit that Patsy is unable to establish the element of causation regarding the damage to her bumper, and so he should escape liability."

Remedies include penalties for criminal offenses.
If a question directs you to discuss a cause of action, don't discuss remedies unless directed.
Penalty provisions can be helpful for statutory interpretation questions to understand the seriousness of an offense (context).

Context is an important method of statutory interpretation.
Defense provisions might shed light on how to interpret the provision in question.

A legal problem-solving question should have a brief one- or two-sentence conclusion.
State likely liability or inability to determine due to even arguments.
If running out of time, omit the conclusion.

Standard of proof: Balance probabilities (civil) vs. beyond reasonable doubt (criminal).
- Civil standard of proof authority: $Briginshaw v Briginshaw$ , $(1938) 60$ (CLR) $336$ .
- Criminal standard of proof authority: $Woolmington v DPP$ , $(1935) AC 462$ .

Criminal: Penalty provision (fine or imprisonment).
Criminal: Action between the state and an individual for alleged wrongdoing.
Civil: Victim seeks remedy (damages/money).
Civil: Breach of contract or damage leading to losses.
Civil: Action between private individuals.
Administrative: Review of an administrative decision involves challenging a decision made by a government department
Administrative decision example - challenging decision because decision maker took into account irrelevant consideration.

Cases involving review of administrative decisions are often great for statutory interpretation.
Executive decision-makers must base decisions on legislation.
If one of the parties is part of the executive/administrative arm (state, crown, department), it indicates an administrative decision.
In disputes, applicants might seek a different decision or the decision is quashed.

Legal problem-solving is formulaic.
Avoid regurgitating everything in the conclusion.
Don't state the conclusion in the introduction.
Example: Evaluate the effectiveness of section $15$ a a of the act implementing legislative intentions (essay) vs consider the facts above discuss whether Paul will be successful in an action against Diana (legal problem).

Plan your answer before writing.
Clarify what's needed and identify wrongdoings to help determine the cause of action.

Secondary resources (journal articles, textbooks) are generally not appropriate for legal problem-solving, except for novel points of law.
Do not cite lecture notes or textbooks.
Avoid gendered language (use their honor instead of his/her honor).
Don't get overly concerned about missing obscure facts.
Avoid abbreviations in assignments (RTA is acceptable after its full explanation)
General tips (e.g., proofread, etc.).
Short quotes are okay; don't reproduce whole sections of legislation.