therefore, leases the car to Louise. This transaction can be represented by the
following diagram, which shows the positions of the parties both before and
after the lease:
Holder
Thelma
Louise
Interest
Before Lease
Ownership
No Interest
Possession
No Possession
After Lease
Lessor
Lessee
No Possession
Possession
Subject
Motor Vehicle
Motor Vehicle
Figure 3.5 Illustration of a Transfer of Property by Lease
Consequences
Elements of a rule identify the part of the world that the rule seeks to change.
Consequences of a rule prescribe the way in which the rule directly and legally
changes the world. The legal rule imposes these consequences on the parties
when it applies to a set of facts. Consequences are labelled Consequences or
Consequences 1-n (when it is necessary to indicate or emphasise that there are
multiple consequences or a single consequences with components).
Consequences are whatever the particular law designates and can vary from
law to law. For example the consequences to which rules of criminal law apply
consist of punishment in the form of imprisonment or a fine, while the
standard consequence for a tort or civil wrong is an award of monetary
damages to the plaintiff.
To illustrate legal consequences, let us use the common case where the law
creates a criminal offence. Assume that Shane has hit a pedestrian while
driving her motorcar. Assume further that a provision in the Motor Traffic Act
creates a criminal offence of driving in a manner dangerous to the public and
imposes as punishment a fine of $5,000 or two years in jail. If this provision
applies, the direct legal consequence is that Shane is guilty of the offence. A
further consequence follows because Shane is guilty
she is liable to be
punished by a fine of $5,000 or two years in jail.
It is also possible that the pedestrian whom Shane injured sues Shane for
negligence to obtain compensation for injuries suffered. If
the pedestrian
succeeds in this action the consequences are that Shane will be ordered by the
court to pay monetary damages to the pedestrian.