LAWG 100D2 Lecture Notes - Lecture 8: Blackletter, Determinative, Proximate And Ultimate Causation
1 May 2016
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Document Summary
Most important distinction is the requirement of showing a duty of care owed by the defendant to the plaintiff. It is a very complex and confusing idea. We need to look at this history of the cml to understand this. Over time, these other courts slowly disappeared and were overtaken by the. It is important to note that the king"s court was only interested in hearing certain kinds of disputes: this is because they had limited time and resources, and there were also other local institutions to deal with matters. So to control the access to the king"s court, they created the writ system, which essentially is permission to go before the court. And writs were only available for certain types of allegations. Writs incl. title, land, inheritance, contracts, crime, and trespass (essentially wrongs, or torts, although only limited types). The kinds of wrongs for which you could get a writ had two main features:
