Question 1

To establish the defence of 'consent' the defendant must prove:

Accepted Answer

The defence of 'consent' requires that the plaintiff either expressly or impliedly agreed to the trespass, indicating that they permitted the defendant's actions.

Question 2

Which of the following scenarios constitutes the tort of assault?

Accepted Answer

This scenario constitutes the tort of assault because Jasper threatens physical harm (shooting) to Rupert with a toy gun, and Rupert does not know that the gun is a toy. The threat of physical harm causes reasonable apprehension of imminent harmful or offensive contact, which constitutes the tort of assault.

Question 3

To establish the defence of 'qualified privilege' to the tort of defamation, the defendant must prove:

Accepted Answer

Qualified privilege applies when the defendant had a legal, moral, or social duty to make the statement to someone with a corresponding interest or duty to receive it, and the statement was not made with malice.

Question 4

Tort law is mainly:

Accepted Answer

Tort law is primarily based on case law, which is developed through judicial decisions and precedents rather than statutory or ecclesiastical law.

Question 5

'False imprisonment' is:

Accepted Answer

False imprisonment is the total deprivation of a person's freedom of movement without consent or lawful justification.

Question 6

'Which of the following acts would not constitute the tort of battery?

Accepted Answer

Grabbing a person's arm to stop them falling from a precipice would not constitute the tort of battery as it is considered a reasonable and necessary action to prevent harm. The other options involve intentional physical contact without consent, which is a key element of the tort of battery.

Question 7

An employer is most likely to be liable for harm caused by a worker if the worker:

Accepted Answer

An employer is typically liable for harm caused by an employee if the employee was acting within the scope of their employment, under the doctrine of "respondeat superior."

Question 8

To establish the defence of 'self-defence' the defendant must prove:

Accepted Answer

The defence of self-defence requires that the defendant's actions were necessary to protect themselves from imminent physical harm and that the response was proportionate to the threat posed by the plaintiff.

Question 9

To successfully bring an action against a defendant in the tort of defamation the plaintiff must prove that the allegedly defamatory statement was published to a third party.To be 'published' the statement must have been:

Accepted Answer

For a statement to be considered "published" in defamation law, it must be communicated to a third party, meaning it must be made in spoken or written form to or in the presence of another person besides the plaintiff.

Question 10

The elements that must be established by a plaintiff in proving the tort of defamation do not include:

Accepted Answer

Intention to defame is not a required element for proving defamation; the focus is on the effect of the statement, not the intent behind it.

Question 11

To establish the defence of 'necessity' the defendant must prove:

Accepted Answer

The defence of necessity requires that the trespass was necessary to prevent imminent and real harm to life, land, or goods.

Question 12

Taking someone's personal property without their permission may result in both:

Accepted Answer

Taking someone's personal property without permission can lead to tortious liability (civil wrong) and criminal liability (crime of theft).

Question 13

A tort is a civil wrong that gives the innocent party the right to:

Accepted Answer

A tort is a civil wrong that gives the innocent party the right to commence litigation to recover compensation.

Question 14

Which of the following scenarios would not amount to private nuisance?

Accepted Answer

The other three scenarios involve actions that could reasonably be considered as causing excessive interference or disturbance to your neighbor's use and enjoyment of their own property, which would amount to private nuisance. However, parking on the footpath would not typically be considered a private nuisance, as it does not necessarily involve interference with your neighbor's use of their property.

Question 15

To establish the defence of 'contextual truth' to the tort of defamation, the defendant must prove:

Accepted Answer

The defence of 'contextual truth' requires that the defamatory statement had other meanings that were substantially true, and these truths overshadowed the defamatory meaning, thus not harming the plaintiff's reputation.

Question 16

Which of the following is a description of the tort of deceit?

Accepted Answer

The tort of deceit involves fraudulently making a false statement during contractual negotiations which induces a plaintiff to enter into a contract. It requires intentional deceit and not mere innocent or negligent misrepresentation.

Question 17

Which of the following statements concerning the tort of defamation is not true?

Accepted Answer

The statement "The defamatory statement must be about a person, whether living or dead" is not true. Defamation only applies to living persons or entities, such as businesses, organizations, or government agencies. Statements about deceased individuals are not subject to defamation laws.

Question 18

A manufacturer of a defective product is least likely to incur:

Accepted Answer

Contingent liability is not incurred by the manufacturer of a defective product because it is not a liability that is certain to occur.

Question 19

Which of the following is least likely give rise to both criminal and civil liability?

Accepted Answer

Breaching a contractual term typically only gives rise to civil liability for breach of contract and does not usually involve criminal liability. The other options involve actions that could potentially lead to both criminal and civil liability.

Question 20

To establish the defence of 'absolute privilege' to the tort of defamation, the defendant must prove:

Accepted Answer

The answer of To establish the defence of 'absolute privilege'...

Quiz 5: Tort Law 1: Deliberate Harm