Obscure in Smallville.
(iv) Intention
Mary Grand interferes with
the land intentionally.
This intention can be inferred from the
circumstances of the interference.
(v) Permission
Stuart Little has not given
Mary Grand permission to do
this.
Stuart Little can give direct evidence that
he did not give Mary Grand permission to
do as she did.
Consequences
(i) Damages
(A) Interference
Entering the plaintiff’s yard,
walking across the lawn,
plucking and taking a lemon
from the lemon tree and then
leaving.
(B) Loss
(a) Damage to the lawn:
$38.
(b) Loss of the lemon: $3
(A) Interference
Evidence of the interference is given above
in connection with Element (iii)
Interference.
(B) Loss
Grassy Green who runs a nursery can give
evidence that damages are calculated as
follows:
(a) Repair of the lawn - $38
(b) Replacement of the lemon - $3
(ii) Injunction
Stuart fears repetition of the
trespass.
Wednesday, 5 April About 18.30
Front Line Freddy hears Mary say: “I
finally fixed that obnoxious man Little
Stuart as I call him. I will keep doing what I
did until he takes that smug look off his
face”.
Figure 18.3 Model for Litigation: Organisation of a Case
Specific Tasks
Because the model for litigation provides a means of organising litigation
according to a framework or structure, it furnishes assistance on many of the
specific tasks that arise with litigation. Put simply, this structure provides
guidance or direction for these tasks. Prominent examples are the following:
(1)
Taking a statement from a witness.
(2)
Explaining and formulating issues of fact, law and discretion.
(3)
Managing litigation.
(3)
Identifying gaps in the evidence and guiding the search to fill these gaps.
(4)
Advising a client.
(5)
Presentation of a case.
(6)
Preparing opening and closing addresses.
(8)
Reading and writing judgments.
(9)
Reforming pleading and procedure.
To illustrate how the model helps with specific tasks some will now be
explained. These tasks consist of taking a statement from a witness, explaining
and formulating issues of law and fact, and reforming pleading and procedure.
Statement from a Witness
Each witness is, directly or indirectly, assisting a party to prove their case
according to the relevant standard of proof. For this reason, a lawyer taking a
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