Untitled Deck

Question 1

What can a claimant sue a defendant for in tort?

Answer 1

A claimant may sue the defendant in the tort of trespass to the person for both assault and battery, which are actionable per se.

Question 2

Define assault in tort law.

Answer 2

Assault is an intentional act by the defendant causing the claimant to reasonably apprehend the immediate infliction of unlawful force.

Question 3

What is required for an act to be considered assault?

Answer 3

An intentional act is essential; if not, the relevant tort is negligence. Words can constitute an assault, but they may also negate it.

Question 4

What does ‘immediate’ mean in the context of assault?

Answer 4

‘Immediate’ means ‘within a minute or so.’ A threat using words can constitute reasonable apprehension of immediate force if the person is near.

Question 5

Define battery in tort law.

Answer 5

Battery is the intentional direct application of unlawful force to another person.

Question 6

What is required for an act to be considered battery?

Answer 6

The defendant must intend only his actions; he need not intend the consequences. The force must flow almost immediately without intervention.

Question 7

What constitutes unlawful force in battery?

Answer 7

Unlawful force is physical contact that is not generally acceptable in ordinary conduct of everyday life.

Question 8

What must a claimant prove in a trespass to the person case?

Answer 8

The claimant must prove the defendant’s tort has caused his loss and that the loss is not too remote.

Question 9

What is the significance of consent in tort law?

Answer 9

Consent may be implied or express, and it can invalidate claims in certain contexts, such as medical treatment or sports.

Question 10

What must a defendant establish for the defence of the person?

Answer 10

The defendant must establish that the force was used in self-defence, was reasonable, and was proportionate to the force used/threatened by the claimant.

Question 11

What does the defence of necessity require?

Answer 11

The defendant must show that a situation of necessity existed and that his actions were reasonable.

Question 12

What is the rule regarding lawful arrest?

Answer 12

A police officer does not commit the tort of battery if he lawfully arrests someone using only reasonable force.

Question 13

What is the tort established in Wilkinson v Downton?

Answer 13

Wilkinson v Downton established a tort where the defendant intends to cause shock to the claimant, who suffers tangible damage as a result.

Question 14

What are the two forms of defamation?

Answer 14

Defamation can be in the form of libel (permanent) or slander (transient).

Question 15

What must a claimant prove for defamation in the form of libel?

Answer 15

Libel is actionable per se; the claimant does not need to show tangible loss.

Question 16

What are the elements that make words defamatory?

Answer 16

Words are defamatory if they lower the claimant in the eyes of right-thinking members of society, cause the claimant to be shunned, or expose the claimant to hatred.

Question 17

What is the defence of truth in defamation?

Answer 17

The defendant has a complete defence if his statement is factual and the facts are substantially true.

Question 18

What constitutes fair comment in defamation?

Answer 18

A statement is a fair comment if it is an expression of opinion, sets out the basis of that opinion, and an honest person could hold that opinion.

Question 19

What is qualified privilege in defamation?

Answer 19

Qualified privilege applies when the maker of a statement has a duty to make it and the recipient has an interest in receiving it, unless malice is shown.

Question 20

What are the conditions for misuse of private information?

Answer 20

The information must be private, and there must not be a legitimate public interest in its disclosure.

Question 21

What is the workshop case analysis process?

Answer 21

1. Identify C and D and type of loss/harm. 2. Identify the tort and define it. 3. List the elements C has to prove. 4. Apply each element. 5. Consider defences. 6. Determine outcome on liability. 7. Identify remedies.