Topic 2: Chapter 28 Terminology

Question 1

Assault

Answer 1

A tort and a form of trespass involving an intentional act by the defendant which the plaintiff reasonably believes is going to place them in imminent danger of harm, an action without the need for proof of damage.

Question 2

Battery

Answer 2

A tort and a form of trespass involving any direct intentional contact or application of force to the body of another without consent and actionable without proof of damage.

Question 3

Breach of Confidence

Answer 3

A breach of trust relating to a breach of privacy.

Question 4

Chattels

Answer 4

The goods or property of a person.

Question 5

Conspiracy

Answer 5

The unlawful combination of two or more persons to act contrary to law or do something which is wrongful or harmful towards another person.

Question 6

Contributory Negligence

Answer 6

Is the negligence caused by the injured party who is claiming damages; a court will reduce the assessment of damages payable by the amount attributable to the fault of injured party.

Question 7

Conversion

Answer 7

A tort action for the value of goods, available to any person who as a right to immediate possession of the goods against anyone who is intentionally denying the plaintiff the right to the goods.

Question 8

Damnum Absque Injuria

Answer 8

Suffering a loss without injury, a tort even though there is no loss.

Question 9

Deceit

Answer 9

A tort committed by a defendant who knowingly or recklessly makes a false representation with the intention of causing harm to another party.

Question 10

Defamation

Answer 10

A false statement about a person that is likely to damage their reputation in the community (and in some States comprises the two torts of libel and slander).

Question 11

Detinue

Answer 11

A tort action by a person entitled to immediate possession of goods from the defendant, who despite a damand for their return, is refusing to return the goods to their rightful owner.

Question 12

False Imprisonment

Answer 12

A tort and a form of trespass where the defendant intentionally and directly places a total restraint upon the freedom of the plaintiff. This tort is actionable without proof of damage.

Question 13

Frolic

Answer 13

An action by an employee which is totally without permission of the employer and outside a normal work function.

Question 14

Injuria Sine Damno

Answer 14

A legal wrong that causes no actual damage to anyone.

Question 15

Intimidation

Answer 15

Where the plaintiff is coerced by threats of violence or unlawful acts for which they suffer some loss.

Question 16

Libel

Answer 16

Defamation in permanent form (eg, letter, film, book, newspaper and internet).

Question 17

Negligence

Answer 17

An action in tort, actionable by a party suffering damage as a result of the defendant’s owing him or her a duty of care and breaching that duty, causing damage as a consequence.

Question 18

Novus Actus Interveniens

Answer 18

A new or intervening event that breaks the chain of causation.

Question 19

Nuisance

Answer 19

An indirect harm involving unreasonable interference with the use and enjoyment of land and may be either public or private.

Question 20

Passing Off

Answer 20

A form of misrepresentation where a party assumes elements of another business’s identity or goodwill.

Question 21

Per Se

Answer 21

By the very fact (without the need for intention).

Question 22

Private Nuisance

Answer 22

A tort involving an indirect interference by the defendant with the plaintiff’s use or enjoyment of their land.

Question 23

Procuring Breach of Contract

Answer 23

Where it can be demonstrated that another party induced a party to breach their obligations under an existing agreement.

Question 24

Public Nuisance

Answer 24

A tort involving substantial and unreasonable interference with a public or common right of a class of the population

Question 25

Slander

Answer 25

Defamation in a temporary of non-permanent form (eg, speech).

Question 26

Strict Liability

Answer 26

Liability without fault (ie, there is no intention or negligence on the part of the defendant)

Question 27

Tortfeasor

Answer 27

The party committing the tort, the wrongdoer.

Question 28

Trespass

Answer 28

A tort providing an innocent party with a remedy for direct interference with their person, land or goods and actionable without proof of actual damage.

Question 29

Ubi Jus, Ibi Remedium

Answer 29

Where there is a right there is a remedy.

Question 30

Vicarious Liability

Answer 30

The principal is liable for the actions of their agent or some other person so authorised.

Question 31

Volenti Non Fit Injuria

Answer 31

If a person is aware of, and consents to, the risk of the activity, they cannot claim a breach of a duty of care.