Civil Torts and Remedies

Question 1

Negligence definition:

Answer 1

Infringes the right to live free from injury and loss through careless actions of other

Question 2

Defamation definition:

Answer 2

Infringes the right to a good reputation through the publication of a lie

Question 3

Trespass definition:

Answer 3

Infringes the right to live free from interference to yourself, property or land

Question 4

Nuisance definition:

Answer 4

Infringes the right to reasonable convenience and comfort in life.

Question 5

Negligence elements to prove:

Answer 5

• Duty of care owed
• Duty of care breached
• Breach CAUSED loss or damage
• Plaintiff suffered actual DAMAGE or injury

Question 6

Negligence defences

Answer 6

• No duty of care was owed
• DOC was not breached
• Break in the chain of causation
• No damage was caused
• Contributory Negligence
• Assumption of risk

Question 7

Defamation elements to prove:

Answer 7

• The statement was defamatory
• The statement was communicated or published
• The statement was about the plaintiff

Question 8

Defamation defences

Answer 8

• Justification
• Contextual truth
• Absolute privilege
• Qualified privilege
• Honest opinion
• Fair reporting of proceedings of public concern
• Public documents
• Innocent dissemination
• Triviality

Question 9

Trespass to the person:

Answer 9

Assault: Direct threat (actions or words) causing reasonable fear. Can be reckless but the plaintiff has to know about the threat.
Battery: Intentional, voluntary direct act, contacting another person.

Question 10

Nuisance elements to prove

Answer 10

• Inconvenience was created (usually recurrent)
• The act was reasonable - not trivial
• Loss or harm was caused

Question 11

Nuiscance (e.g. noise, damage to property) defences

Answer 11

• Not continual

- Activity is reasonable

Question 12

Civil remedies aim:

Answer 12

Restore the party who has suffered the loss to the position they were in before the loss or injury occurred.

Question 13

Monetary remedies:

Answer 13

E.g. ‘damages’, ‘interest and costs’

Question 14

Non-monetary remedies:

Answer 14

Injunctions (restrictive or mandatory), order of specific performance (compelled contract)

Question 15

Compensatory damages:

Answer 15

If physical damages occur & the person can’t be restored to their original position/state, compensates for the loss suffered in the future. Can be specific, general (assessed, hard to calculate), aggravated (further humiliation and insult)

Question 16

Nominal damages:

Answer 16

Small amount to show a point, that rights have been infringed

Question 17

Contemptuous damages:

Answer 17

A court may feel that the plaintiff has the legal right to damages, but does not have a moral right (doesn’t deserve the payment), so will only award a small amount of damages.

Question 18

Exemplary damages:

Answer 18

Seek to punish the defendant. Also known as punitive or vindictive damages. E.g. damages awarded against a company for safety violations