Question 1

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 can only be committed against living individuals as deceased individuals no longer have a reputation to protect.

Question 2

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

Accepted Answer

The defence of necessity requires the defendant to prove that the trespass was required to protect life, land or goods from imminent and real harm. The other options do not accurately capture the requirements of the defence. Option A pertains to the defence of mistake, while option B pertains to the defence of consent. Option D pertains to the defence of self-defence.

Question 3

'False imprisonment' is:

Accepted Answer

False imprisonment is the intentional confinement or total deprivation of a person's freedom of movement without their consent and without lawful justification. The confinement does not have to be physical, but can also be psychological or by threat of physical force. Option A refers to lawful imprisonment, whereas option C refers to a situation where there may still be means of escape. Option D refers to physical interference, but false imprisonment does not necessarily require physical contact.

Question 4

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

Accepted Answer

To establish the defence of 'absolute privilege' to the tort of defamation, the defendant must prove that the statement was made during parliament or judicial proceedings. This means that the person making the statement was protected from liability even if the statement was defamatory in nature. However, it is important to note that absolute privilege is only available in very limited situations such as statements made during parliamentary or judicial proceedings.

Question 5

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', it must be communicated to a third party, either in written or oral form. Option A only refers to a specific type of written publication, while option B only includes communication with the plaintiff, who is not considered a third party. Option C requires that the statement be provided in writing, but defamation can occur through spoken statements as well. Option D is the most inclusive choice since it encompasses both spoken and written communication to or in the presence of a third party.

Question 6

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

Accepted Answer

Taking someone's personal property without permission can result in tortious liability (for example, in a civil lawsuit for theft or conversion) and criminal liability (for example, under criminal laws against theft).

Question 7

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

Accepted Answer

To establish the defence of 'consent' the defendant must prove that the plaintiff either expressly or impliedly agreed to the trespass. The other options do not apply to the defence of consent.

Question 8

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

Accepted Answer

An intention to defame the plaintiff is not an element that needs to be established by the plaintiff. Instead, the plaintiff needs to prove that the defendant made a statement about the plaintiff, identified the plaintiff in the statement, and published the statement to someone other than the plaintiff, which caused others to think less of the plaintiff.

Question 9

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

Accepted Answer

The defence of self-defence requires the defendant to prove that the trespass was reasonably necessary to protect themselves from imminent physical harm by the plaintiff and was proportionate to the threat. Option A is incorrect because intention and negligence are not relevant factors in self-defence. Option B is incorrect because the consent of the plaintiff nullifies any claims of self-defence. Option C is incorrect because the harm must be imminent and real, not just potential.

Question 10

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

Accepted Answer

Breaching a contract term only gives rise to civil liability, not criminal liability. The other options involve criminal acts that can result in both criminal and civil liability.

Question 11

Which of the following scenarios constitutes the tort of assault?

Accepted Answer

The definition of assault is the intentional act of causing a reasonable apprehension of an imminent harmful or offensive contact. In this scenario, Jasper has threatened to shoot Rupert with a gun, even if it is a toy gun, Rupert doesn't know that, and thus he is in reasonable apprehension of an imminent harmful contact.

Question 12

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

Accepted Answer

The other three scenarios mentioned would all likely amount to private nuisance. Killing plants with noxious fumes, causing flooding, and shining a bright light into someone's bedroom are all actions that unreasonably interfere with someone else's use and enjoyment of their property. Blocking access to a garage sale may be a nuisance, but it is not a private nuisance as it does not involve interference with someone's property.

Question 13

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

Accepted Answer

The tort of deceit involves the making of a fraudulent false statement during contractual negotiations which induces the plaintiff to enter into a contract. Choices A, C, and D describe different torts: innocent misrepresentation, false advertising, and misappropriation, respectively.

Question 14

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

Accepted Answer

The defense of 'contextual truth' requires proving that the defamatory statement had other meanings which were substantially true, and these truths negate the harm the defamatory meaning could have caused to the plaintiff's reputation.

Question 15

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

Accepted Answer

If a manufacturer produces a defective product but no one is harmed, there is no liability incurred. However, if someone is injured, the manufacturer could potentially face contractual, tortious, or statutory liability.

Question 16

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

Accepted Answer

Option D is not an example of battery since it involves the use of force to prevent harm to another person. Battery involves intentional and harmful or offensive physical contact without consent, which is not the case in option D. Options A, B, and C all involve intentional physical contact without consent, which could be considered battery.

Question 17

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

Accepted Answer

In order to establish the defence of qualified privilege, the defendant must prove that he had a legal, social or moral duty to make the statement and the recipient of the statement had a corresponding duty to receive it. Additionally, the statement must not have been made with malice or ill intent. This duty can include instances such as job references, reporting criminal activity to the police, or making statements to protect a legitimate interest.

Question 18

Tort law is mainly:

Accepted Answer

Tort law is primarily based on case law, as opposed to being codified in statutory law. It is the branch of law that deals with civil wrongs and damages caused to a person or their property by another person, and is primarily developed through decisions made by courts in individual cases.

Question 19

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

Accepted Answer

A tort is a civil wrong that causes harm or injury to a person or property, giving the innocent party the right to commence litigation to recover compensation for the damages suffered. Litigation is often brought against the offender in order to hold them responsible for their actions and provide financial relief to the victim. The goal of tort litigation is to compensate the victim, rather than to punish the offender. Therefore, options A and D are incorrect. Option C is also incorrect because prosecution is a legal term used in criminal law, not civil law.

Question 20

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

Accepted Answer

An employer is generally liable for harm caused by an employee if the employee was acting within the scope of their employment at the time the harm occurred. This means that the employee was performing duties that they were hired to do or were authorized to do by the employer. In contrast, if the worker is an independent contractor or acting outside the scope of their employment, the employer may not be liable for any harm caused by the worker.

Quiz 5: Deliberately Causing Harm