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1

What is a tort

a legal wrong that is not a criminal offence

2

What is the aim of a tort

A tort gives rise to a civil action with the main intention claiming compensation for loss. It also aims to transfer the loss of the victim to the wrongdoer

3

What are the four main types of torts

Negligence, Trespass, Defamation, and Nuisance

4

Define trespass

Trespass is an an unlawful intrusion that interferes with one's own person or property

5

When does trespass to the person occur

Trespass to the person occurs when there has been a direct interference with a person

6

Name the three types of trespass to person

assault, battery, and false imprisonment

7

What is assault

Assault is when the defendant makes a direct threat that causes the plaintiff to believe that they are in immediate danger or harmful contact

8

What is battery

Battery is when the defendant directly and intentionally or recklessly makes unlawful physical contact with the body of the plaintiff - does not always hurt the plaintiff

9

Assault and battery are considered both a civil and criminal offence under what legislation

Criminal Code QLD (1899)

10

What are the four defenses for assault and battery

1. consent
2. self defense
3. necessity (action must be taken to avoid damage)
4. lack of capacity

11

Define false imprisonment

False imprisonment is the deliberate confinement of someone without the authority to do so

12

What is a current issue involving false imprisonment

the detention centres for refugees

13

Define trespass to land

Trespass to land is the unauthorised interference with land that may interfere with the occupier's use or enjoyment of the land by direct acts

14

what are three things the plaintiff must prove for trespass to land

1. they own the land
2. trespasser interfered with ordinary use of land
3. damage is not required for successful trespass to land

15

What are the four defences for trespass to land

1. to stop a nuisance (e.g. fire)
2. of legal capacity (e.g. police)
3. had permission from land owner
4. to get back something that is yours

16

What remedies will be offered to the plaintiff of trespass to land

1. court ordered injunction
2. damages (if applicable)
3. ejecting the intruder (with reasonable force

17

What is a current issue in trespass to land

mining companies going onto farmers properties to mine

18

give examples of goods or chattels that can be trespassed to

car, boats, machines, phones and computers

NOT LAND

19

when does trespass to goods occur

Trespass to goods occurs when a person directly and unlawfully interferes with the goods in possession of another

20

give three examples of trespass to goods

- Taking your friend's car without permission and having an accident
- Stealing someone's laptop
- Throwing a tin of paint over your neighbour's boat

21

what is defamation

An act of communication that injures another person's reputation without good reason or justification, causing them to be shamed, ridiculed, held in contempt and to lose their standing in the community or place of work

22

What three things make material defamatory

1. Injure a person's reputation
2. Injure a person in their area of work
3. Lead others to ridicule or despise the person

23

What legislation is associated with defamation

The Defamation Act (2005) QLD

24

What is the main purpose of the defamation legislation

To ensure that the law of defamation does not place unreasonable limits on freedom of expression, in particular on public matters of interest. And to provide suitable and fair forms of remedies and resolving disputes

25

What are the six defences to defamation

1. honest opinion
2. justification
3. fair report of public concern
4. qualified privilege
5. absolute privilege
6. triviality

26

What is qualified privilege and give an example

qualified privilege is when the person has an interest in receiving the information. An example of qualified privilege is giving an honest reference for someone who is a job applicant

27

What is absolute privilege and give an example

refers to the publication of proceedings in court and parliament

28

what are the four remedies for defamation

general damages, special damages, aggravated damages, court ordered injunction

29

What is the first thing a defamed person should do to resolve the dispute

provide a concerns notice to the person or organisation responsible for the action

30

What often follows a concerns notice

An offer to make amends usually follows

31

What must an Offer to Make Amends include

it must be in writing, and have an offer to publish a reasonable correction, an offer to pay the expenses

32

What is an apology (defamation)

is made by the party who has allegedly defamed the person - not seen as an admission of fault or liability

33

Explain court proceedings (for defamation)

-Either party must elect for the matter to be heard by a jury. The jury will determine whether defamed material has been published; the judge will determine damages

34

what damages can be suffered from defamation

Damages include economic (business loosing money) and non-economic loss (feelings, and reputation)

35

what is nuisance

a nuisance is something which interferes with the right of an occupier of property to use their property.

36

What are the two types of nuisance

private and public

37

Explain private nuisance

Property owners and tenants are entitled to the ordinary and reasonable 'quiet enjoyment of their residence', if the entitlement is interfered with by the actions of their neighbors, whether intentionally or unintentionally it is considered private nuisance

38

Give two examples of private nuisance

1. excessive noise (music)
2. branches and roots of trees

39

What is public nuisance

public nuisance involves activities that interfere with the public's safety, health or convenience. It is often seen as the interference with a citizen's enjoyment of a public right of way

40

What factors (defences) does the court need to consider
(for nuisance..)

- the locality
- how often the interference occurs
- duration of interference
- time of day
- reason for it

(there are more ....)

41

What three remedies are there for nuisance

damages, injunction, and abatement

42

What is abatement

entitled to enter onto the wrongdoer’s land and use reasonable force to stop the nuisance.

43

What are the three main categories of people that can be sued (nuisance)

1. the land owner
2. the person creating the nuisance
3. the person who failed to take reasonable steps to prevent the nuisance

44

Under what legislation is nuisance covered

Summary Offences Act (2005) QLD

45

Defamation case:

Fairfax v Gacic (2007)

46

Trespass case:

Robertson v Balmain (1906)

47

Nuisance case:

Pantalone v Alaouie (1989)

48

What is one issue with defamation legislation

There is no distinction between verbal and written defamation --> lead to confusion about the trivial or 'significance' of the material

49

When did the defamation act come into action

January 2006

50

social media + defamation case:

Coates v Harbour Radio (2008)