Illustration
To illustrate applying law to facts we will use the tort of trespass to land. This
provides that a defendant commits trespass when they intentionally interfere
with land in possession of the plaintiff without the plaintiff's permission and in
circumstances where no defence is available. When these elements are
satisfied, the defendant is guilty of trespass, liable to damages, and possible
liable to be injuncted to refrain from future trespasses. This means that the
elements and consequences are as follows:
Elements
(1)
There is land
(2)
The plaintiff has a right to possess the land.
(3)
The defendant interferes with the land.
(4)
The defendant interferes with the land intentionally.
(5)
The defendant interferes with the land without permission of the plaintiff.
(6)
There is not a defence available to the defendant.
Consequences
(1)
Damages. The plaintiff can obtain damages against the defendant.
(2)
Injunction. The plaintiff may obtain an injunction against the defendant to
restrain future trespasses.
Figure 20.5 Trespass to Land
Assume that in a case the facts are as follows: “Jack has walked onto a field
called Whiteacre and picks a daisy. Jill owns and uses Whiteacre. Jill has not
said or done anything to indicate that Jack could walk on her land. There is
nothing to suggest that any defence is available”.
In our example, the facts fit within the categories of facts designated by the
tort of trespass because each fact is a specific instance of one of the
categories of facts in the elements of the legal rule (which of course is part of
the major premise). This is shown by the following table:
Facts
Law: Trespass to Land
Fact 1
Element 1 Land
There is a field Whiteacre.
Element 1 is satisfied because a field is land.
Fact 2
Element 2 Possession
Jill owns and uses Whiteacre.
Element 2 is satisfied because Jill possesses land when she
owns and uses it.
Fact 3
Element 3 Interference
Jacks walks onto the field and
picks a daisy.
Element 3 is satisfied because walking onto land and picking
a daisy constitutes interference.
 |
 |
 |