Tort Laws

Question 1

Defamation

Answer 1

When someone makes a statement about someone that lowers their reputation in the eyes of the public

Permanent - libel

Temporary - slander

Question 2

Trespass

Answer 2

Trespass to person - assault (threat), battery (physical act) and false imprisionment

Trespass to goods - when a person uses property without consent

Trespass to land - intentionally interfering with a person’s right to exclusive ownership of land

Question 3

Private nuisance

Answer 3

An excessive use of someone’s land interfering with the plaintiff enjoyment of their own land

Playing music at night every day

Question 4

Public nuisance

Answer 4

When the actions of a person or organisation endangers the comfort health and lives of a community

Companies dumpling pollutants in lakes

Question 5

Negligence

Answer 5

When the defendant had a duty of care to the plaintiff as a legal neighbour, they violated that duty of care and as a result the plaintiff suffered a loss foreseeable to a reasonable person

Question 6

Legal neighbour

Answer 6

Someone yours actions will impact

Question 7

Special damages

Answer 7

Can be valued monetarily

Doctors bills lost income

Question 8

General damages

Answer 8

Can’t be amounted easily

Pain and suffering

Loss of amentities

Question 9

Contributory negligence

Answer 9

Usually a defence against negligence

The defendant claims it was partly the plaintiffs fault such as a car crash

If the court decides the plaintiff was 25% responsible they will only get 75% of what they asked for

Question 10

Vicarious liability

Answer 10

An organisation or employer is responsible for the actions of their employees