E

Earning capacity
The physical and mental ability of a person to engage in employment for remuneration.
Easement
A right a person has in relation to the land of another person, the exercise of which interferes with the normal rights of the owner or occupier of that land. To be legally enforceable an easement must have four properties: (a) a dominant tenement which benefits from the easement; (b) a servient tenement which is subject to the easement; (c) the dominant and servient tenements must be owned by different persons; (d) the easement must be of a type recognised in law. Easements may be negative or positive and be created by grant, by reservation from sale, by prescription, or by lodgment of a deposited plan and prescribed instrument.
Economic loss
Injury to person or property resulting in detriment to a person’s income or wealth. In negligence, economic loss falls into one of two categories. ‘Consequential economic loss’ results from negligently caused personal injury or property damage suffered by a person and is generally readily recoverable. ‘Pure economic loss’ is loss unaccompanied by personal injury or property damage and may be recovered in certain situations.
Egg shell skull rule
The rule which requires that a tortfeasor take his or her victim as the tortfeasor finds him or her, with all the victim’s weaknesses, reactions and attributes. Once it is established that the defendant could have foreseen some injury of the kind suffered by the plaintiff, the defendant is responsible for the full extent of damage to the plaintiff, even though the damage was greater than that which would have been suffered by the ordinary person, because of some unusual weaknesses or defects of the plaintiff. It is irrelevant that the defendant could not foresee the greater harm.
Ejectment
1. An action for taking possession of land brought by a person out of possession against the person in possession. The action can be maintained by the title holder of the land or by a previous possessor of the land. The plaintiff must show a better right to possession. An action of ejectment is the appropriate procedure to stop adverse possession of land.
2. An occupier’s right to remove trespassers from the land or premises occupied, using such force as is reasonable in the circumstances. If a person has entered the premises with permission, a reasonable time must be given for the person to be allowed to leave before they may be treated as a trespasser.
Ejusdem generis
Latin - of the same kind. A rule of statutory interpretation the consequence of which is that any general term at the end of a sentence containing specific terms cannot be construed any wider than the general category which the specific terms fall into.
Encroachment
The illegal intrusion by one land owner, either by natural or man made features, onto the land of another.
Encumbrance
A charge or burden. Encumbrances generally arise on property.
Ex dolo malo non oritur actio
Latin - a cause of action will not arise out of a fraud.
Ex post facto
Latin - having effect retrospectively.
Exemplary damages
Damages awarded by a court to represent a condemnation of the actions of the defendent.
Express trust
A trust created with an expressed intention.

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