Practice Questions of tort

Question 1

Identify all the parties to a civil dispute.

Answer 1

The party who commences a general civil case is called the ‘plaintiff’.

The person against whom the action is brought is called the ‘defendant’.

Question 2

Explain two key differences between civil and criminal law.

Answer 2

Burden of proof

Civil is a ‘preponderance’ of evidence (>50%)
Criminal is ‘beyond reasonable doubt’ (>98%)

Purpose

Criminal is a Protection of the community as a whole
Civil is a Protection of individual rights

Question 3

What are the three elements that must be proved in a defamation case.

Answer 3

Publication
Identification
Damages

Question 4

What is publication in a defamation case?

Answer 4

Publication: Communication from one person to another (or more) in any form

Question 5

What is identification in a defamation case?

Answer 5

Identification: One or more people are able to be identified as a result of the publication

Question 6

What is damages in a defamation case?

Answer 6

Damages: This occurs when
Lowered the person’s reputation as a result
Results in the person being hated, avoided or ridiculed
Injured the persons business, trade or professional reputation

Question 7

What are the four defences that are used by a defendant in a defamation case?

Answer 7

Justification
Honest opinion
Absolute privilege
Qualified privilege

Question 8

What is the defence of justification?

Answer 8

Justification: this is the same as the truth, and if proven, is a full defence

Question 9

What is the defence of Honest opinion?

Answer 9

Honest opinion: this is an opinion of one individual and is an expression of opinion rather than fact

Question 10

What is the defence of Absolute privilege?

Answer 10

Absolute privilege: enables people to say whatever they want without being liable, this is only acceptable in certain circumstances. Eg between husband and wife, in court proceedings

Question 11

What is the defence of Qualified privilege?

Answer 11

Qualified privilege: this can be used when writing references for someone and statements made to the police (Eg get a job), this is a partial defence

Question 12

Identify two remedies that may be sought in a defamation case.

Answer 12

Compensation in damages

Injunction: a court order requiring a named party to stop doing something or to do something.