Flashcards in Chapter 5 SAC #3 Deck (13)
List and explain the two types of nuisance(s).
1. Public Nuisance: An act or non-action that causes damage, discomfort or inconvenience to a class of the population (must be an unlawful act).
2. Private Nuisance: An annoying or harmful activity that interferes with an individual's enjoyment of their land causing damage, discomfort or inconvenience (must be an unlawful act).
List some examples of Public Nuisance.
- Club plays loud music too late.
- Selling dodgy food.
- Providing an unsafe workplace.
List some examples of Private Nuisance.
- Onstructing footpath/driveway.
- Knocking down your fence.
What is defamation?
The damage of the good name and and reputation of someone else in the form of libel and/or slander.
Explain the two forms of defamation.
1. Libel: A permanent form of defamation (Eg. Written).
2. Slander: Defamation in a temporary form (Eg. Speech/gesture).
What needs to be proven in a defamation case?
1. Defamatory material was made about the plaintiff by the defendant.
2. Material was made known to a third party.
3. Material lowered the plaintiff's reputation.
List and briefly explain some defences to defamation.
- Justification: Applies where defamatory statement was substantially true.
- Qualified privilege: Applicable where the defendant...
> Believes plaintiff had a moral or legal interest in receiving the information.
> Acts without malice or spite
> Acts reasonably in the circumstances.
- Fair comment: It was in the public interest to know the material.
What is negligence?
Doing or not doing something which a reasonable person would or would not do in certain circumstances, which causes harm or loss to another person.
Explain duty of care.
A legal obligation to avoid causing harm to a person or group where harm is 'reasonably foreseeable' if care is not taken.
- There must be a sufficiently close relationship (proximity) between the two people in order for a duty of care to exist.
Explain the two tests of a duty of care.
- Foreseeability: Would a reasonable person foresee the likelihood of harm to the plaintiff as an individual or one class, if the defendant failed to take reasonable care?
- Proximity: Would a reasonable person foresee the likelihood that the plaintiff would be closely and directly affected by the defendant's negligent conduct?
Lost the forms of damages in negligence.
What is Vicarious Liability.
Where one person is made liable for the actions of another (Eg. Business, clubs, associations etc.).