Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

Legal - torts (term 4) > all > Flashcards

all Flashcards

1
Q

What is a tort

A

a legal wrong that is not a criminal offence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is the aim of a tort

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What are the four main types of torts

A

Negligence, Trespass, Defamation, and Nuisance

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Define trespass

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

When does trespass to the person occur

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Name the three types of trespass to person

A

assault, battery, and false imprisonment

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What is assault

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What is battery

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

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

A

Criminal Code QLD (1899)

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What are the four defenses for assault and battery

A
  1. consent
  2. self defense
  3. necessity (action must be taken to avoid damage)
  4. lack of capacity
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Define false imprisonment

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What is a current issue involving false imprisonment

A

the detention centres for refugees

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Define trespass to land

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

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

A
  1. they own the land
  2. trespasser interfered with ordinary use of land
  3. damage is not required for successful trespass to land
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

What are the four defences for trespass to land

A
  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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

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

A
  1. court ordered injunction
  2. damages (if applicable)
  3. ejecting the intruder (with reasonable force
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

What is a current issue in trespass to land

A

mining companies going onto farmers properties to mine

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

give examples of goods or chattels that can be trespassed to

A

car, boats, machines, phones and computers

NOT LAND

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

when does trespass to goods occur

A

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

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

give three examples of trespass to goods

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

what is defamation

A

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
Q

What three things make material defamatory

A
  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
Q

What legislation is associated with defamation

A

The Defamation Act (2005) QLD

24
Q

What is the main purpose of the defamation legislation

A

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
Q

What are the six defences to defamation

A
  1. honest opinion
  2. justification
  3. fair report of public concern
  4. qualified privilege
  5. absolute privilege
  6. triviality
26
Q

What is qualified privilege and give an example

A

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
Q

What is absolute privilege and give an example

A

refers to the publication of proceedings in court and parliament

28
Q

what are the four remedies for defamation

A

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

29
Q

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

A

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

30
Q

What often follows a concerns notice

A

An offer to make amends usually follows

31
Q

What must an Offer to Make Amends include

A

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

32
Q

What is an apology (defamation)

A

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

33
Q

Explain court proceedings (for defamation)

A

-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
Q

what damages can be suffered from defamation

A

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

35
Q

what is nuisance

A

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

36
Q

What are the two types of nuisance

A

private and public

37
Q

Explain private nuisance

A

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
Q

Give two examples of private nuisance

A
  1. excessive noise (music)

2. branches and roots of trees

39
Q

What is public nuisance

A

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
Q 
What factors (defences) does the court need to consider
(for nuisance..)
A
  • the locality
  • how often the interference occurs
  • duration of interference
  • time of day
  • reason for it

(there are more ….)

41
Q

What three remedies are there for nuisance

A

damages, injunction, and abatement

42
Q

What is abatement

A

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

43
Q

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

A
  1. the land owner
  2. the person creating the nuisance
  3. the person who failed to take reasonable steps to prevent the nuisance
44
Q

Under what legislation is nuisance covered

A

Summary Offences Act (2005) QLD

45
Q

Defamation case:

A

Fairfax v Gacic (2007)

46
Q

Trespass case:

A

Robertson v Balmain (1906)

47
Q

Nuisance case:

A

Pantalone v Alaouie (1989)

48
Q

What is one issue with defamation legislation

A

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

49
Q

When did the defamation act come into action

A

January 2006

50
Q

social media + defamation case:

A

Coates v Harbour Radio (2008)

Legal - torts (term 4) (1 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions