Chapter 4

Question 1

Absolute privilege

Answer 1

Exemption from liability for defamatory statements made in some settings without reference to the speakers motives or the truth or falsity of the statement

Question 2

Assault

Answer 2

A deliberate verbal or physical threat; an action that makes a person fear physical interference

Question 3

Battery

Answer 3

Unwelcome physical contact; deliberate non consensual interference to a person’s body

Question 4

Confidential information

Answer 4

Private information, the disclosure of which would be injurious to a business; a type of IP

Question 5

Consent

Answer 5

Permission to conduct what would otherwise constitute a tort such as assault or battery, can be expressed or implied

Question 6

Conspiracy to injure

Answer 6

The coordinated action of two or more people using illegal or improper methods to harm the business or interests of another

Question 7

Continuing trespass

Answer 7

A permanent incursion onto the property of another

Question 8

Conversion

Answer 8

Intentional appropriation of the goods of another person for the appropriators own purposes

Question 9

Crimes

Answer 9

Wrongs that affect society as a whole and are punishable by the state

Question 10

Cyber libel

Answer 10

Defamatory posts on the internet or published in emails; a statement that is untrue and damaging relating to another individual that is published digitally

Question 11

Deceit this tort involves

Answer 11

The fraudulent and intentional misleading of another person causing injury

Question 12

Defamation

Answer 12

A derogatory false statement published to a persons detriment

Question 13

Detinue

Answer 13

A wrongful retention of goods that may have been legally obtained but subsequently not returned in response to a proper request

Question 14

Fair comment

Answer 14

A defence available when defamatory statements are made about public figures or works out before the public

Question 15

False imprisonment

Answer 15

Holding people against their will without lawful authority

Question 16

Inducing breach of contract

Answer 16

Encouraging someone to break their contract with another

Question 17

Injurious falsehood

Answer 17

Defamation with respect to another’s product or business

Question 18

Innuendo

Answer 18

A implied statement detrimental to another

Question 19

Intentional infliction of mental suffering

Answer 19

A tort constituted by harassment or deliberate acts or pranks that cause nervous shock

Question 20

Intimidation

Answer 20

A threat to perform an illegal act that is used to force a party to act against its own self interest

Question 21

Justification

Answer 21

The truth of a statement, applied as a defence to a defamation action

Question 22

Libel

Answer 22

The written or more permanent form of a defamatory statement

Question 23

Malicious prosecution

Answer 23

A tort action based on criminal prosecution motivated by ill will towards the accused

Question 24

Passing-off

Answer 24

The tort of misleading the public about the identity of a business or product

Question 25

Privacy

Answer 25

The right to be left alone; to protect private personal info and to be free of physical intrusion, surveillance and misuse of an image or name

Question 26

Private nuisance

Answer 26

The use of property in such a way that it foreseeably interferes with a neighbour’s enjoyment of their property

Question 27

Product defamation

Answer 27

Defamation with respect to another’s product

Question 28

Public interest responsible journalism defence

Answer 28

Defence to defamation excusing incorrect statements on matters of public interest where despite responsible journalism erroneous statements were made

Question 29

Public nuisance

Answer 29

Unreasonable interference with public property or creating conditions that negatively affect a community or a considerable number of people

Question 30

Qualified privilege

Answer 30

Exemption from liability for defamatory statements made pursuant to a duty or special interest so long as the statement was made honestly and without malice and was circulated to only those having a right to know

Question 31

Self defence

Answer 31

The right to respond to an assault with as much force as is reasonable in the circumstances

Question 32

Slander

Answer 32

Spoken defamation

Question 33

Tort

Answer 33

An action that causes harm or injury to another person

Question 34

Trade slander

Answer 34

Defamation with respect to another’s product or business

Question 35

Trespass to chattels

Answer 35

Direct intentional interference with another’s rights to possess their personal property

Question 36

Trespass to land

Answer 36

An unauthorized intentional intrusion upon or direct breach of the boundaries of another’s land

Question 37

Trespass to person

Answer 37

Intentional physical interference with another person; battery

Question 38

Truth

Answer 38

The accuracy of a statement applied as a defence to a defamation action

Question 39

Unlawful interference with economic relations

Answer 39

A tort consisting of unlawful competitive practices such as inducing breach of contract

Question 40

“Unlawful means” tort

Answer 40

An intentional tort that allows the plaintiff to sue a defendant for economic loss, resulting from the defendant’s unlawful act against a third party

Question 41

Vicarious liability

Answer 41

Liability of an employer for injuries caused by employees while carrying out their employment duties