Tort Law

Question 1

strict liability

–> example

Answer 1

When a person/ party is legally responsible for the consequences of an activity
–> defective equipment caused damage; the company is liable

Question 2

Employee tortious liability

–> example

Answer 2

Employers must ensure health & safety for employees as far as REASONABLY pRACTICABLE
–> not changed rubber shoes; employees fault for not putting them on

Question 3

Vicarious Liability

–> example

Answer 3

When someone is held responsible for the actions of someone else
–> racism, sexual harassment, religious concerns in course of employment

Question 4

Tort of negligence

Answer 4

Legal wrong by someone at the hands of another that did not take the proper care of what could be as foreseeably risky

Question 5

Defamation

Answer 5

A FALSE statement that can harm the reputation of a secondary party

Question 6

Defamation Defenses (7)

Answer 6

1. Truth: Facts are true
2. Honest opinion: based on facts
3. The publication is based on public interest
4. Qualified privilege
5. Absolute privilege
6. Offer to make amends (apology/pay for damage)
7. Innocent dissemination (for parties publishing unwillingly)

Question 7

Occupier’s liability

Answer 7

When the occupier owes a duty of care to its visitors

Question 8

Elements of NEGLIGENCE (3)

Answer 8

1. Duty of care of the defendant
   - Reasonable foreseeability
   - Proximity between parties
2. Breach of duty of care
3. Causation of damage due to behavior

Question 9

Defamation requirements (3)

Answer 9

1. The statement must be defamatory
2. The statement must be directed to CLAIMANT
3. The statement must be PUBLISHED

Question 10

Rules under ‘remoteness’ (2)

–> Describe

Answer 10

1. Thin skull - Liable to the full extent despite not being aware of conditions (i.e. non-visible knee problem)
2. Novus Actus intervenients - A new act broke the chain of causation; the person is released of liability

Question 11

Tort

Answer 11

A civil wrongdoing

Question 12

Tortious compensation types (2)

Answer 12

1. Compensatory - Damages compensated financially

2. Punitive - Court orders/prohibits the party to do something

Question 13

Defense types to negligence (2)

–> Explain them

Answer 13

1. Contributory negligence
   - The claimant can be partly blamed
   - Reduction of damages
2. Volenti non-fit injuria
   - The claimant assumed risk knowingly and freely
   - The claim is 100% defeated

Question 14

Tortious vs. Contractual liability

–> Difference

Answer 14

Under TORTIOUS liability, the rules are imposed by the LAW. Under CONTRACTUAL, the rules are dependent on the conditions set BETWEEN THE PARTIES

Question 15

Types of Nuisance (2)

Answer 15

1. Public Nuisance

2. Private Nuisance

Question 16

Public Nuisance

Answer 16

The defendant interferes unreasonably with the rights of a community

Question 17

Private Nuisance

Answer 17

The defendant interferes unreasonably with an individual’s enjoyment of his land

Question 18

Res ipsa loquitur

Answer 18

“The facts speak for themselves”

Question 19

Joint and several liability

–> example

Answer 19

All involved parties are jointly liable. Otherwise, also individually liable.
–> If the debt has to be paid and only one of the 3 owners has money to repay, he has to do so.

Question 20

Void/Voidable contract factors (5)

Answer 20

1. Misrepresentation (Voidable)
2. Duress/undue influence (Voidable)
3. Mistake (Void)
4. Illegality (Void)
5. Restraint of trade (Void)

Question 21

Proximity clause

Answer 21

There is a cause- and effect relationship

Question 22

Qualified Privilege

Answer 22

For journalists; Allows free expression and communication. However, free communication must relate to the business at hand (not applicable if taking advantage of the job as a journalist)

Question 23

Absolute Privilege

Answer 23

Right to not be sued for defamatory statements expressed by individuals in the parliament or in similar governmental bodies (not applicable if taking advantage of their respective job)