UNIT 2- AOS 1 - PRT 2

Question 1

What are the 4 torts?

Answer 1

Negligence
Defamation
Trespass
Nuisance

Question 2

What are torts?

Answer 2

A tort is a civil wrong. It refers to an act that harms someone in some way, and for which the injured person may sue the wrongdoer for damages.

Question 3

What is negligence?

Answer 3

Negligence is defined as doing or not doing something a reasonable person would or would not do in a certain situation, which causes harm or loss to another person. It means failure to take reasonable care.

Question 4

What are the key principles of negligence?

Answer 4

• Duty of care was owed
• Breach of duty of care
• The wronged person person suffered loss or damage
• The loss or damage was caused by a breach of duty of care.

Question 5

Defences to negligence…

Answer 5

Contributory negligence; the defendant may try to prove that the plaintiff helped to cause the harmful situation and is partly to blame.

Assumption of risk; the defendant may prove that the plaintiff was fully aware of the risks and they chose to take the risk.

Question 6

What is defamation?

Answer 6

Defamation refers to written or verbal statements that lower a persons reputation in the eyes of the community.

Question 7

What are the key principles of defamation?

Answer 7

• The statement is actually defamatory.
• The defamatory statement refers to the plaintiff.
• The statement has been published by the defendant.

Question 8

Defences to defamation…

Answer 8

• Justification; defendant can claim that the statement was substantially true.
• Contextual truth; when the plaintiff says an incorrect statement is defamatory defendant can argue contextual truth.
• Absolute privilege; defendant could prove that the defamatory material was published in relation to parliament, courts, tribunals or marriage.
• Publication of public documents; defence could prove the material was a fair copy of public documents.
• Fair report of proceedings of public concern; defence could argue material was for the info of public or educational purposes.
• Qualified privilege