Torts Tutorial 25/02

Types of Questions

  • Open Question

    • Longer answer that cannot be answered with a simple "yes" or "no".

    • Typically used at the beginning of a conversation.

  • Closed Question

    • Can be answered with a "yes" or "no".

    • It is generally advised not to start off with a closed question.

Tutorial Questions

  • These questions usually reflect the type of questions that may appear on an exam.

Legal Problem Solving: ISAAcs Method

  • Identify a legal Issue arising from the facts.

  • State the relevant law (only as much as is relevant).

  • Authority for the stated law to support the case.

  • Apply the law to the specific facts of the case.

  • Conclusion on the identified issue.

Typical Way to Structure Legal Advice

  1. Parties involved in the case.

  2. Interferences + Claim being made.

  3. Element of the claim.

  4. Conclusion regarding the claim.

  5. Defences available to the opposing party.

  6. Remedies sought by the plaintiff.

  7. Admin matters such as time limitations and onus of proof.

Trespass Actions

  • Defined by direct interference.

  • The defendant is at fault (whether intentional or unintentional/careless).

  • Such actions are actionable per se.

  • Onus of Proof:

    • For non-highway situations, the onus is on the plaintiff to prove direct interference, and on the defendant to disprove fault.

Actions on the Case

  • Defined by indirect interferences.

  • Can be intentional or unintentional/careless.

  • The plaintiff must prove damage resulting from the action.

  • Onus of Proof: The burden is on the plaintiff.