Several consequences flow from the principle that an element delineates a class
of fact:
(1)
Application of Law to Fact. An element applies to a fact when the fact
falls within the class that the element delineates. For example one of the
elements of trespass is that there is “land”. If the plaintiff has a house on a
block of land at 16
High St Smallville the element “land” applies to the facts.
Lawyers often express this in an alternative form by saying that the fact
“satisfies” the element. Clearly this involves the relationship of the general to
the particular. An element of a rule describes a general case while facts that
come within an element are specific instances of the general case.
(2)
Facts to Which the Rule Applies. Taken together the elements identify
the facts to which the rule will apply.
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Therefore a rule applies to a set of facts
when each element is satisfied by some fact within the set. Put in another way,
a rule applies to a set of facts only when the set of facts contains facts falling
within each of the categories delineated by the elements. A fact that satisfies an
element (or subelement) is variously called a material fact, a relevant fact or an
essential fact. (In using law, it can be usefully stated here, facts are established
by two means. In litigation facts are proved by evidence, while in transactions
facts are created by processes.
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)
(3)
Check List. Elements together constitute a checklist to be used when
seeking to apply law to facts. This is the case because each element must be
satisfied for the rule to apply.
We can illustrate elements with the tort of trespass to land, which has six
elements:
Element (1) Land
There is land.
Element (2) Possession
The plaintiff has a right to possess the land.
Element (3) Interference
The defendant interferes with this land.
Element (4) Intention
The interference is intentional.
Element (5) Permission
The interference is without the plaintiff’s permission.
Element (6) Defences
There are no defences available to the defendant.
Figure 3.3 Elements of Trespass
To emphasise the nature of an element, take Element (1) Land as an example.
This is a category of fact because it refers to an indeterminate parcel of land. It
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To illustrate this, assume that a legal rule has four elements. Element 1
delineates a class of facts that we can label Class 1,
Element 2 delineates a class
labelled Class 2 and so on for Elements 3 and 4. Thus the rule with Elements 1-4
will apply to a set of facts when it contains a fact that falls within Class 1, a fact
that falls within Class 2, a fact that falls within Class 3 and a fact that falls within
Class 4. That the set of facts contains other facts in no way affects this outcome.
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Chapter 22 Versions of Truth
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