Must Know!

Question 1

What must you prove to succeed in an action of private nuisance?

Answer 1

1. existence of
2. unreasonable
3. damage

Question 2

What are the defences to private nuisance?

Answer 2

1. triviality 2. reasonable 3. damages weren’t suffered 4. legal

Question 3

What are the three elements of negligence?

Answer 3

1. owes duty of care 2. breached duty 3. damage

Question 4

two main cases in negligence

Answer 4

1. Donoghue v Stevenson and Grant v Australian Knitting Mills

Question 5

When is the defence of honest opinion applicable?

Answer 5

• when the defamatory material is an expression of their honest opinion rather than a statement of face
• MUST be of public interest and based on proper material

Question 6

What is proper material

Answer 6

•A statement that is substantially true + relates to public documents

Question 7

What is innocent dissemination?

Answer 7

•Protects people who may unknowingly distribute defamatory info e.g.. printing companies, email servers

Question 8

When does the defence of justification apply?

Answer 8

•When a defamation statement is substantially true

Question 9

When is the defence of absolute privilege applicable?

Answer 9

•When d can prove that the defamatory material was published in relation to proceedings of parliament, parliamentary bodies, courts, tribunals or communications between husband and wife

Question 10

What are the three key principles of defamation?

Answer 10

1. is defamatory
2. refers to P
3. was published by the defendant

Question 11

What are 6 defences to defamation?

Answer 11

1. honest opinion 2. qualified privilege 3. absolute privilege 4. innocent dissemination 5. justification 6. contextually true

Question 12

When is qualified privilege applicable?

Answer 12

Where the d: 1. believes the recipient has a moral or legal right to know 2. no malice or spite 3. reasonable

Question 13

List 4 defences to trespass to the person

Answer 13

1. incapacity 2. necessity 3. self defence 4. consent

Question 14

What must be proven to successfully apply the defence of self defence?

Answer 14

The use of force was reasonable

Question 15

What is the defence of incapacity?

Answer 15

•covers people who were insane at the time the tort was committed

Question 16

What must be proven for the defence of incapacity?

Answer 16

Insanity caused them to not have control over their actions

Question 17

What are the three elements of battery?

Answer 17

2. physical contact 3. intentional direct , or negligence 3. without consent!

Question 18

List three other possible defences to trespass to person

Answer 18

1. accident 2. parents are allowed to use reasonable force to discipline their children 3. lawful

Question 19

What must p. show to claim trespass to land?

Answer 19

1. was direct unauthorised physical contact with the land 2. the land was exclusively possessed by the plaintiff

Question 20

What are the defences to trespass to land?

Answer 20

1. consent 2. authorisation by legislation

Question 21

When may an action for trespass to goos NOT succeed

Answer 21

1. indirect interference 2. interference was unintentional

Question 22

What are three defences to trespass to goods?

Answer 22

1. interference was indirect 2. p not in possession of the goods at the time of unlawful interference 3. interference was unintentional