Law 2020 AOS 1 Test

Question 1

Negligence rights protected by law

Answer 1

Negligence protects people from wrongful conduct by others, particularly where a person acts recklessly or with complete disregard for another person. Negligence also allows parties to seek compensation against those people who have acted contrary to those laws. Its main purpose is to protect an individual’s right to be safe from harm, both whether driving a car or to their property.

Question 2

Defamation rights protected by law

Answer 2

Defamation protects people from misinformation or slander that may have been propagated, with the result of this misinformation being spread being that the brand, likeness or image of a person or business may be damaged, and therefore profits may be lesser as a result.
Rights protected include:
The right to freedom of expression
The right to have a character and reputation
The right to have that reputation protected by placing limits on freedom of expression
The right to people whose reputations have been harmed to seek remedies
The right to quick and effective methods of resolving disputes

Question 3

Negligence elements required to establish liability

Answer 3

Duty of Care
Breach of Duty of Care
Causation
Injury, Loss or Damage

Question 4

Defamation elements required to establish liability

Answer 4

The statement was defamatory
The statement is untrue
The defamatory statement refers to the plaintiff
The statement has been published by the defendant

Question 5

Negligence limitation of actions

Answer 5

General negligence claim – 6 years
An action for damages for negligence where personal injury includes a disease or disorder – 3 years
An action for damages for negligence where the injury was death or personal injury – Either 3 or 12 years.

Question 6

defamation limitation of actions

Answer 6

Actions must be brought within one year.

Question 7

Negligence possible defences

Answer 7

Contributory negligence

Assumption of risk (volenti non fit injuria)

Question 8

Defamation defences

Answer 8

Justification
Contextual Truth
Absolute privilege
Publication of public documents
Fair report of proceedings of public concern
Qualified privilege
Honest opinion
Innocent dissemination
Triviality