L4 Tort

Question 1

Classification of tort

Trespass to person

Answer 1

Assault 傷人
Battery 侵犯
False imprisonment 非法禁錮

Question 2

Trespass to property

Answer 2

Wrongful entry to other’s property

Wrongful interference with possession of other’s land

Question 3

Wrong to reputation: defamation 誹謗 definition and types

Answer 3

1. Statement of complain is defamatory
2. Referred to plaintiff
3. Published to third party

Types
1: slander, non permanant, statement in words or gesture
2: libel, permanent, writing, podcast, painting

Question 4

Occupiers’ liability

Answer 4

Occupier have common duty of care to visitor

Question 5

Defence to assault

Answer 5

1. Consent (assumption of risk)
2. Self-defence (reasonable self-defence to others)
3. Statutory authority (法例授權）

Question 6

Defence to defamation

Answer 6

1. Justification (true words)
2. Absolute privilege 特權
3. Fair comment on the affair of public 對公共事務的公正評論

Question 7

Defences of occupier liability

Answer 7

Waring: warn jor

Voluntary assumption of risk: the common duty of care is not applied to visitor which they willingly accept

Trespasser: 係非法入侵, no care

Question 8

Negligence

Answer 8

Causing loss by a failure to take reasonable care

Defendant may not want to hurt plaintiff but by his careless he allows to happen

3 component of negligence

1. Defendant owe a duty of care
2. The defendant breaches of care
3. Breaches of plaintiff suffer loss