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125 Cards in this Set
- Front
- Back
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Charleston |
Meaning - what would the words convey to an ordinary fair-minded reasonable reader? Neighbours stars faces superimposed on porn computer game. Bane antidote. Assumed people would read the full article. |
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Eyes |
Opinion is something which in its nature is doubtful. Henderson published a resolution that said eyes was living a life of flagrant immorality this bringing scandal in the district. Not honest opinion it could be proven or not. |
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Horrocks |
Horrocks malice. Lowe made the speech at the meeting of the Council accusing Horrocks of brinksmanship, megalomania & childish petulance & misleading his colleagues. Had QP because believed it was true even if it wasn’t so no malice. |
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Hulton |
Artemus Jones story. Think the article was about him? Yes Identification. |
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Jameel |
9/11 Saudi Arabia monetary authority was monitoring bank accounts. QP and responsible journalism. Failure to delay publication to get comment didn’t matter bcoz purpose was to learn additional info which mr jameel wouldn’t have known himself. |
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Kemsley |
Lower than Kemsley. Sufficient identification of facts so honest opinion. Widely known paper in the public domain. |
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Knupffer |
Young Russia party. Not reasonably understood to have been spoken of the appellant |
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Lange |
Criticised PM Lange. QP for political comments and published to a broad audience. |
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Lewis |
City of London fraud squad. Reasonable cause to suspect not pitched as guilt. Defamatory to a lesser extent. |
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Morgan |
Dog doping gang kidnapped. Would the words reasonably lead persons acquainted with the plaintiff to believe he was the person referred to |
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Pullman |
Letter sent accusing of obtaining money by false pretence to company. Put out of his control so that it Might possibly be seen by someone other than the person who it was written of |
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Reynolds |
UK QP get it through 10 factors, matters of serious public concern |
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Sim |
Edith housemaid resumed service send possessions and money you borrowed. Lower estimation right thinking members of society generally. |
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Templeton |
Templetons speech described me Jones as Politics of hatred- Jews women bureaucrats politicians professionals. Can’t prove truth of allegations plaintiff did not complain of |
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Watt |
Letter to Browne singer and wife. Money owing and infidelity. QP for first two but not wife. Social moral legal obligation and reciprocal interest |
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Andrews |
Car crash. No breach of privacy not highly offensive |
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Campbell |
Drug addiction. Vulnerable. Ordinary reasonable person in position of recovering drug addiction. |
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Hosking |
Twin toddlers in public. No breach of privacy not private facts not highly offensive |
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Murray |
Jk Rowling’s son. Surreptitious so breach of privacy rights of child. |
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Peck |
Attempted to Committ suicide CCTV. Vulnerable |
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Rofers |
Confessed to murder but no private facts |
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Tuberville |
Assize time. No intent |
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Stephens |
Angry meeting. Yes present ability as if not stopped. Assault |
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Richardson |
Car keys. No reasonable apprehension |
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Brady |
Rifle not loaded. If you don’t clear out I’ll put something in your bloody arses. Apparent ability could carry out threat |
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Police v greabes |
Conditional threat to not stab the police officer at the door don’t move come a step closer and you’ll get this straight through your guts. Present ability |
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R v kerr |
Sleeping woman ex, no reasonable apprehension no assault |
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Cole |
Least touching of another in anger is a battery |
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Forde |
Cut girls hair laudable motive can still be battery |
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Moir |
Spitting on police. Application of force. |
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Moir |
Spitting on police. Application of force. |
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Letang |
Run over legs of sunbathing woman. No intention not battery |
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Moir |
Spitting on police. Application of force. |
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Letang |
Run over legs of sunbathing woman. No intention not battery |
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Fagan |
Drove onto policeman’s foot. Not intentional but continuing the application of force was intentional |
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Wilson v Pringke |
School kids. More likely to be a battery if hostile |
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Collins v Wilcock |
Police woman stopping prostitute on streets went beyond generally accepted conduct in daily life |
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Bettel |
Shaking someone liable for all unintended harm not just RF |
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Bettel |
Shaking someone liable for all unintended harm not just RF |
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Katko |
Springliad gun. Liable even though not direct |
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Bettel |
Shaking someone liable for all unintended harm not just RF |
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Katko |
Springliad gun. Liable even though not direct |
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F v west |
Sterilisation unable to give consent mentally incapable. Laudable motive. Principle of necessity |
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Bettel |
Shaking someone liable for all unintended harm not just RF |
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Katko |
Springliad gun. Liable even though not direct |
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F v west |
Sterilisation unable to give consent mentally incapable. Laudable motive. Principle of necessity |
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Bird |
Bridge walking over one way. Total imprisonment v restriction of liberty of movement |
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Meering |
Suspected thief kept in office. Knowledge not necessary |
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Meering |
Suspected thief kept in office. Knowledge not necessary |
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Robinson |
Ferry ticket, reasonable terms of entering an area must abide by them |
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Herd |
Mine, employment contract entered on terms must follow them |
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Herd |
Mine, employment contract entered on terms must follow them |
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Murray (false imprisonment one) |
Arrest 7-7.30. Not false improsnment because justification Knowledge of restraint is irrelevant |
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Herd |
Mine, employment contract entered on terms must follow them |
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Murray (false imprisonment one) |
Arrest 7-7.30. Not false improsnment because justification Knowledge of restraint is irrelevant |
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St. Helens |
Noxious fumes type A tree damage locality irrelevant |
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Herd |
Mine, employment contract entered on terms must follow them |
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Murray (false imprisonment one) |
Arrest 7-7.30. Not false improsnment because justification Knowledge of restraint is irrelevant |
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St. Helens |
Noxious fumes type A tree damage locality irrelevant |
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Halsey |
Type A oil smuts. Type B noise and smell- locality and characteristics.. Liable for all. |
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Herd |
Mine, employment contract entered on terms must follow them |
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Murray (false imprisonment one) |
Arrest 7-7.30. Not false improsnment because justification Knowledge of restraint is irrelevant |
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St. Helens |
Noxious fumes type A tree damage locality irrelevant |
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Halsey |
Type A oil smuts. Type B noise and smell- locality and characteristics.. Liable for all. |
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Christie |
Music neighbours, nuisance because of malice |
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Hollywood Silver fox |
Super sensitive plaintiff so would not be liable except for the fact there is malice |
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Hollywood Silver fox |
Super sensitive plaintiff so would not be liable except for the fact there is malice |
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Hunter |
Tower TV no emanation |
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Hollywood Silver fox |
Super sensitive plaintiff so would not be liable except for the fact there is malice |
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Hunter |
Tower TV no emanation |
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Wu |
Type C, complete abrogation |
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Sturges |
Garden built consulting room. Coming to the Nuisance not a defence |
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Sturges |
Garden built consulting room. Coming to the Nuisance not a defence |
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Kennaway |
Boat racing on club lake. Coming to the Nuisance and social utility can be considered at Remedies stage, partial injunction |
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Sturges |
Garden built consulting room. Coming to the Nuisance not a defence |
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Kennaway |
Boat racing on club lake. Coming to the Nuisance not a defence |
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Miller |
Cricket coming to the Nuisance not a defence but denning dissented because social utility and rights to play cricket on the ground for 60 years |
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BNZ Greenwood |
Reflection, no Injunction would only reduce the interference to a reasonably tolerable level. When there is a nuisance the plaintiff is entitled to have it stopped |
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Shelfer |
To get damages in lieu it needs to be 1) small 2) quantifiable 3) adequately compensated by money 4) oppressive to def to grant injunction |
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Fen tigers |
Motor cross track. Planning permission irrelevant at cause of action stage but relevant when considering whether to grant an injunction or not but does not create an automatic presumption against an injunction |
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Matheson |
School kids trespassing. Not agents or employees not vicariously liable but bcoz of the continuing state of affairs they may be liable and it went to trial |
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Matheson |
School kids trespassing. Not agents or employees not vicariously liable |
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Sedleigh |
Drain overflow. Continuing nuisance if knew or ought to have known and could reasonably abate it. Yes |
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Matheson |
School kids trespassing. Not agents or employees not vicariously liable |
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Sedleigh |
Drain overflow. Continuing nuisance if knew or ought to have known and could reasonably abate it. Yes |
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Delaware |
Tree roots. Reasonable opp to abate it and didn’t so liable |
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RailTrack |
Pigeon poo liable could have abated it |
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RailTrack |
Pigeon poo liable could have abated it |
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Entick |
Search his home for papers. No justification or authority in law for this. Trespass |
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RailTrack |
Pigeon poo liable could have abated it |
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Entick |
Search his home for papers. No justification or authority in law for this. Trespass |
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Davies |
Shoot gun cat hit. Latin maxim heavens and hell. Absurd that that wouldn’t be trespass but if the bullet landed on ground it would |
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RailTrack |
Pigeon poo liable could have abated it |
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Entick |
Search his home for papers. No justification or authority in law for this. Trespass |
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Davies |
Shoot gun cat hit. Latin maxim heavens and hell. Absurd that that wouldn’t be trespass but if the bullet landed on ground it would |
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Bernstein |
Qualified Davies. Ordinary enjoyment and use of land. Aircraft flying over property taking pics. |
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RailTrack |
Pigeon poo liable could have abated it |
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Entick |
Search his home for papers. No justification or authority in law for this. Trespass |
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Davies |
Shoot gun cat hit. Latin maxim heavens and hell. Absurd that that wouldn’t be trespass but if the bullet landed on ground it would |
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Bernstein |
Qualified Davies. Ordinary enjoyment and use of land. Aircraft flying over property taking pics. |
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Gregory |
Servant rubbish spill over. Liable for natural and probable consequences. This was |
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RailTrack |
Pigeon poo liable could have abated it |
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Entick |
Search his home for papers. No justification or authority in law for this. Trespass |
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Davies |
Shoot gun cat hit. Latin maxim heavens and hell. Absurd that that wouldn’t be trespass but if the bullet landed on ground it would |
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Bernstein |
Qualified Davies. Ordinary enjoyment and use of land. Aircraft flying over property taking pics. |
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Gregory |
Servant rubbish spill over. Liable for natural and probable consequences. This was |
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Esso Petrol |
Ship stuck oil thrown into harbour. Went into plaintiffs foreshore: not liable as not direct actions of def on plaintiffs land |
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Robson |
Police Enquirers at plaintiffs house. Implied express consent then revoked - you have reasonable time to leave the property |
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Robson |
Police Enquirers at plaintiffs house. Implied express consent then revoked - you have reasonable time to leave the property |
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TV3 |
Journalist went on plaintiffs land to ask questions re incest offences. There is no implied consent when it would be known that the consent would not be given |
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League |
Hounds on deer sanctuaries. Negligent intent - liable for failure to exercise proper control |
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League |
Hounds on deer sanctuaries. Negligent intent - liable for failure to exercise proper control |
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Nayfair |
Parked illegally on next door property. Fire. Rejected RF, considered 6 factors would be unjust to hold def liable for all the damage |
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League |
Hounds on deer sanctuaries. Negligent intent - liable for failure to exercise proper control |
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Nayfair |
Parked illegally on next door property. Fire. Rejected RF, considered 6 factors would be unjust to hold def liable for all the damage |
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Leason |
GCSB facilities redone illegal Iraq. Defence of ex turpi cause- conscience cause and reliance approaches |
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League |
Hounds on deer sanctuaries. Negligent intent - liable for failure to exercise proper control |
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Nayfair |
Parked illegally on next door property. Fire. Rejected RF, considered 6 factors would be unjust to hold def liable for all the damage |
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Leason |
GCSB facilities redone illegal Iraq. Defence of ex turpi cause- conscience cause and reliance approaches |
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Tararo |
Police on land undercover pretending to buy drugs but actually collecting evidence Not trespass |
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League |
Hounds on deer sanctuaries. Negligent intent - liable for failure to exercise proper control |
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Nayfair |
Parked illegally on next door property. Fire. Rejected RF, considered 6 factors would be unjust to hold def liable for all the damage |
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Leason |
GCSB facilities redone illegal Iraq. Defence of ex turpi cause- conscience cause and reliance approaches |
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Tararo |
Police on land undercover pretending to buy drugs but actually collecting evidence Not trespass |
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Hamed |
Police went on tuhoe land to set up cameras and spy on their supposedly illegal activities. Trespass |
