A. Introduction

Question 1

What is a nuisance?

Answer 1

An act which is harmful or offensive to the public or a member, which can be public e.g. destroying a footpath or private e.g. flooding a property

Question 2

What does trespass refer to?

Answer 2

An act of interfering with another individuals property without permission e.g. throwing a log and hitting a person is trespass, however if the log does not hit them this is not a trespass but an action on the case.

Question 3

What is negligence?

Answer 3

The notion that a person owes a duty of care if the person can reasonably be expected to have foreseen that if they did not take care, the other person would have suffered injury or death. e.g. a landlord not putting up a wet floor sign after mopping tiles. (slip and fall case)

Question 4

What is a remedy?

Answer 4

A means of legal reparation (making amends for ones wrong doing) e.g. financial reparation for public nuisance.

Question 5

What is a battery tort?

Answer 5

The act of interfering with ones bodily integrity.

Question 6

What is an intentional tort?

Answer 6

Acts of civil wrong committed on purpose, where a wrongdoer does not have to mean harm, but caused it regardless. e.g. a prank

Question 7

What is an injunction?

Answer 7

A judicial order restraining a person from beginning or continuing a civil wrong.

Question 8

What is the usual limitation period for a tort?

Answer 8

6 years.

Question 9

What is a significant difference between civil and criminal law?

Answer 9

Civil : “Balance of probabilities”

Criminal : “Beyond reasonable doubt”