Internal Continuous Evaluation

Law of Torts,
Case Study
Semester I (2018– 2023 Batch)
(July to December (2017-2018)

TITLE OF MODULE:
CASE CODE:

ASHBY V WHITE
(1703) 92 ER 126

Name of the Student:

Class: Division:
Registration Number:
Emai:

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CASECODE:

ASHBY 1 (Plaintiff)

Vs

WHITE (Defendant)
(1703) 92 ER 126

IN THE SUPREME COURT OF JUDICATURE

COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
WINCHESTER DISTRICT REGISTRY
(Name of the Court)

(His Honor Judge Fallon, QC)

(Name of the Judge (s))
OPINION OF THE COURT
Royal Courts of Justice
4th April 1990
Before:

LORD JUSTICE DILLON

LORD JUSTICE BALCOMBE an

KEYWORDS (2-4)

1
http://www.bailii.org/ew/cases/EWCA/Civ/1990/17.html

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 1. FACTS OF THE CASE

(This must include the names of the parties. The relevant dates, name of the place, their
background, age, write a brief summary of the facts as the court found them to be.
Eliminate facts that are not relevant).

2. PROCEDURAL HISTORY

The details of the trial court where the suit was initiated. In whose favor was the
decision. Who applied for relief in the higher court? The decisions of the trial court and
the reason.

3. RULE OF LAW/ PRECEDENTS REFERRED

(The rule of law must include the tort law principle which is relevant here. It must
include the relevant law both Indian as well as English which is the subject matter of
interpretation. In case of Indian law, include the relevant Indian laws and Supreme Court
Precedents.)

4. RULE OF LAW/ PRECEDENTS REFERRED

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 5. LEGAL ISSUE
What was the bone of contention between the plaintiff and the defendants? The remedies
which the parties were asking in the suit. The court applies the facts to see whether they
satisfy the elements of the rule.

6. ARGUMENTS / REASONING

What were the arguments of the counsels of the plaintiff and the defendant? What did
they rely on? Mention the relevant case law or cases cited.

7. RATIO / PRINCIPLE OF THE CASE

The final decision of the judges in the case. Mention the dissent if any.

8. RATIO / PRINCIPLE OF THE CASE

This must include the settled principle of law which was discovered in the case. This
principle must be applicable in other cases.

9. CASE COMMENT
This must include the original comments of the students in 300- 350 words or more.

10. CASE SYNOPSIS (2 Marks )

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