Chapter 12

Question 1

Occupier

Answer 1

someone who has some degree of control over land or buildings on that land

Question 2

Contractual entrant

Answer 2

any person who has paid (contracted) for the right to enter the premises

Question 3

Invitee

Answer 3

any person who comes onto the property to provide the occupier with a benefit

Question 4

Licensee

Answer 4

any person whose presence is not a benefit to the occupier but to which the occupier has no objection

Question 5

Trepasser

Answer 5

and person who is not invited onto the property and whose presence is either unknown to the occupier or is objected to by the occupier

Question 6

Nuisance

Answer 6

any activity on an occupiers’ property that unreasonably and substantially interferes with the neighbour’s rights to enjoyment of the neighbour’s own property

Question 7

Legal authority

Answer 7

the authority by law to detain under section 494 of the Criminal Code

Question 8

Deceit or fraud

Answer 8

a false representation intentionally or recklessly made by one person to another that causes damage

Question 9

Passing off

Answer 9

presenting another’s goods or services as one’s owns

Question 10

Interference with contractual relations

Answer 10

inducing someone to break a contractual obligation owed to another

Question 11

Justification

Answer 11

a defence to defamation based on the defamatory statement being substantially true

Question 12

Qualified privilege

Answer 12

a defence to defamation based on the defamatory statement being relevant, without malice and communicated only to a party who has a legitimate interest in receiving it

Question 13

Fair comment

Answer 13

a defence to defamation that is established when the plaintiff cannot show malice and the defendant can show that the comment concerned a matter of public interest, was factually based, and expressed a view that could honestly be held by anyone

Question 14

Responsible communication on matters of public interest

Answer 14

defence that applies where some facts are incorrectly reported but 1. The publication is on a matter of ‘public interest’ and 2. The publisher was diligent in trying to verify the allegation

Question 15

Absolute privilege

Answer 15

a defence to defamation in relation to parliamentary or judicial proceeding

Question 16

Injuries or malicious falsehood

Answer 16

the utterance of a false statement about another’s goods or services that is harmful to the reputation of those goods or services