LAWS 2201 Lecture Notes - Lecture 1: Ginger Beer, Legal Personality, Objective Test
Document Summary
Week one: private law and the social world. Definitions: different divisions of law, must be a person and able to sue except for minors and incompetents, recognized reason for being in court. Cause of action legal basis for being in court. Remedy is (cid:498)restitution in integrum(cid:499: special damages calculable costs, general damages pain and suffering. Neighbour is anyone or thing reasonably foreseeably harmed by your conduct: civil wrong, negligence. Facts: plaintiff consumes a decomposing snail in an opaque bottle of ginger beer, plaintiff is given the bottle by her friend who purchased it from a store. Ratio (precedent: whether pleading discloses a cause of action, duty not to harm your neighbour proximity. Went to the house of lords (high court in england) because there was no precedent for lower cases to follow. Facts: deed contained restrictive covenant regarding race, ethnicity, religion etc, clause too vague to be enforceable.
