Deck 5: Deliberately Causing Harm

Question 1

A 'crime' is:

A)an act that causes harm to another person and gives that person the right to commence litigation to recover compensation or some other civil remedy.
B)a legally enforceable agreement.
C)an act that constitutes breach of a statutory provision, giving rise to statutory liability.
D)a harmful act or omission that leads to prosecution by the State and punishment of the offender.

Answer 1

D

Question 2

A crime is a harmful act that will lead to prosecution by the:

A)victim.
B)police.
C)State.
D)plaintiff.

Answer 2

C

Question 3

If a landlord enters their own property without the tenant's permission or lawful excuse, they commit the tort of:

A)trespass to the person.
B)trespass to land.
C)private nuisance.
D)negligence.

Answer 3

B

Question 4

In a legal context, 'prosecution' means:

A)the filing of a claim and statement of claim in the court registry in order to commence civil proceedings.
B)the process whereby a person suspected of wrongdoing is arrested and charged with a crime.
C)legal proceedings brought by the Commissioner for Police seeking to establish the guilt of a person charged with a crime.
D)legal proceedings brought by the State seeking to establish the guilt of a person charged with a crime.

Question 5

If the defendant deliberately misrepresented themselves as having some kind of association or connection with the plaintiff or their business, the defendant has committed:

A)the tort of deceit.
B)the tort of fraudulent misrepresentation.
C)the tort of passing off.
D)the tort of misrepresentation.

Question 6

The typical remedy for a tortious act is:

A)punishment.
B)retribution.
C)contribution.
D)compensation.

Question 7

If the court decides that the defendant has committed a tort, the plaintiff may be entitled to:

A)monetary compensation.
B)punish the defendant.
C)specific performance.
D)rescind the contract.

Question 8

If a person deliberately makes a false statement during contractual negotiations that induces the other person to enter a contract, the person making such statement commits:

A)the tort of negligent misstatement.
B)the tort of innocent misstatement.
C)the tort of inducement.
D)the tort of deceit.

Question 9

If Stephen untruthfully tells Johnny that his waitress Jenny has stolen money from the register, Stephen commits the tort of:

A)nuisance.
B)defamation.
C)passing off.
D)intimidation.

Question 10

A plaintiff bringing a legal action for negligence causing personal injury must commence proceedings within:

A)2 years.
B)3 years.
C)4 years.
D)5 years.

Question 11

A 'tort', derived from the Latin word tortus, meaning wrong or crooked, is:

A)an act that causes harm to another person and gives that person the right to commence litigation to recover compensation or some other civil remedy.
B)a legally enforceable agreement.
C)an act that constitutes breach of a statutory provision, giving rise to statutory liability.
D)a harmful act or omission that leads to prosecution by the State and punishment of the offender.

Question 12

Which of the following is not one of the five types of general legal liability a person can
Incur if their conduct causes harm to another?

A)Occupier's liability
B)Contractual liability
C)Criminal liability
D)Tortious liability

Question 13

If a person commits the crime of assault, legal action will be commenced by:

A)the plaintiff.
B)the victim.
C)the Crown.
D)the defendant.

Question 14

A 'criminal code' is:

A)a combination of criminal legislation and common law principles.
B)comprehensive legislation codifying the criminal law and overriding the common law.
C)a code of conduct adhered to by members of the underworld.
D)any Act of Parliament where penalties are imposed for breach of provisions.

Question 15

A single act of violence can lead to both:

A)criminal liability and contractual liability.
B)statutory liability and tortious liability.
C)criminal liability and tortious liability.
D)contractual liability and statutory liability.

Question 16

The liability of an employer for the harmful acts of their employee is called:

A)employer's liability.
B)worker's liability.
C)vicarious liability.
D)occupier's liability.

Question 17

A builder who accidentally builds a defective house may incur:

A)criminal and contractual liability.
B)criminal and tortious liability.
C)tortious and contractual liability.
D)tortious and occupier's liability.

Question 18

A person who deliberately leaves rubbish on another's property may have committed the tort of:

A)trespass to land.
B)trespass to the person.
C)private nuisance.
D)public nuisance.

Question 19

A 'contract' is:

A)an act that causes harm to another person and gives that person the right to commence litigation to recover compensation or some other civil remedy.
B)a legally enforceable agreement.
C)an act that constitutes breach of a statutory provision, giving rise to statutory liability.
D)a harmful act or omission that leads to prosecution by the State and punishment of the offender.

Question 20

If one person indirectly interferes with another person's use and enjoyment of private or public land, they commit the tort of:

A)trespass to land.
B)trespass to property.
C)nuisance.
D)negligence.

Question 21

Which of the following is not a requirement to establish the tort of trespass to goods?

A)The defendant has interfered with the plaintiff's possession of goods.
B)The defendant's interference is direct and either intentional or negligent.
C)The defendant has no lawful justification for the interference.
D)The defendant has physically damaged the plaintiff's goods.

Question 22

'In tort law, 'trespass to land' is:

A)wrongfully dealing with the property of another in a way that is inconsistent with their ownership or rightful possession.
B)wrongfully detaining the property of another.
C)directly and intentionally interfering with or using the personal property of another.
D)directly and intentionally or negligently interfering with land in the rightful possession of another.

Question 23

The tort of conversion:

A)is direct and intentional interference with goods in the possession of another and without their consent.
B)is wrongfully detaining the property of another.
C)necessarily involves physically damaging goods owned by another.
D)is negligently detaining the goods of another.

Question 24

In tort law, 'detinue' is:

A)wrongfully dealing with the property of another in a way that is inconsistent with their ownership or rightful possession.
B)wrongfully detaining the property of another.
C)directly and intentionally interfering with or using the personal property of another.
D)directly and intentionally interfering with land in the rightful possession of another.

Question 25

The tort of passing off is not committed if there is no:

A)carelessness.
B)negligence.
C)misrepresentation.
D)registered trade mark.

Question 26

Which of the following statements is not correct?

A)At common law a child under 7 years of age is incapable of criminal guilt.
B)There is a presumption that a child is incapable of a crime where they are between 7 and 14 years of age.
C)A child over the age of 14 years incurs criminal liability in the same way as an adult.
D)There is a rebuttable presumption that a child over the age of 14 years is incapable of committing a crime.

Question 27

A 'summary offence' is:

A)a less serious offence where the person charged is dealt with by a magistrate in a lower court.
B)where the criminal trial proceeds in a higher court before a judge and jury.
C)a more serious criminal offence.
D)a hearing to determine whether there is sufficient evidence to justify a trial.

Question 28

The defence of 'diminished responsibility' is the assertion by a criminal defendant that:

A)the application of force was in self-defence and the force used was reasonable and not excessive.
B)mental illness meant that the defendant was unable to form the requisite criminal intent.
C)at the time of carrying out the criminal act the defendant suffered from an abnormality of mind that impaired their understanding of right and wrong.
D)at the time of committing the crime the defendant's will was overpowered by compulsion or by the will of another.

Question 29

'In tort law, 'trespass to goods' is:

A)wrongfully dealing with the property of another in a way that is inconsistent with their ownership or rightful possession.
B)wrongfully detaining the property of another.
C)directly and intentionally or negligently interfering with or using the personal property of another.
D)directly and intentionally interfering with land in the rightful possession of another.

Question 30

The torts of trespass to person do not include:

A)battery.
B)assault.
C)false imprisonment.
D)conversion.

Question 31

An 'independent contractor' is:

A)an employee who is able to carry out their duties with minimal supervision.
B)a person who is contracted to provide services, but who is not an employee.
C)a person who is contracted to provide services and who may or may not be an employee.
D)any person for whose conduct an employer is legally liable.

Question 32

Which of the following is not a tortious act occurring where one person deliberately causes financial harm to another?

A)Tort of nuisance
B)Tort of deceit
C)Tort of passing off
D)Tort of intimidation

Question 33

The tort of trespass is actionable per se.That means:

A)it is not necessary to establish loss or harm in order to commence civil action against the trespasser.
B)it is not necessary to prove that the trespass was either intentional or negligent.
C)a plaintiff must prove actual loss or damage in order to bring an action.
D)if the trespass was intentional the tort of trespass has not been committed.

Question 34

'Offences against administration of the law and public authority' include:

A)stealing, robbery and burglary.
B)treason and sedition.
C)murder, manslaughter and assault.
D)perjury and destroying evidence.

Question 35

'Offences against the person' include:

A)stealing, robbery and burglary.
B)treason and sedition.
C)murder, manslaughter and assault.
D)perjury and destroying evidence.

Question 36

The court in the decision of Stanley v Powell [1891] 1 QB 86 decided that Powell had not committed trespass because the actions of Powell allegedly constituting the tort of trespass to person were:

A)intentional.
B)negligent.
C)accidental.
D)harmless.

Question 37

'Offences against public order' include:

A)stealing, robbery and burglary.
B)treason and sedition.
C)murder, manslaughter and assault.
D)perjury and destroying evidence.

Question 38

The defence of 'self-defence' is the assertion by a criminal defendant that:

A)the application of force was in self-defence and the force used was reasonable and not excessive.
B)mental illness meant that the defendant was unable to form the requisite criminal intent.
C)at the time of carrying out the criminal act the defendant suffered from an abnormality of mind that impaired their understanding of right and wrong.
D)at the time of committing the crime the defendant's will was overpowered by compulsion or by the will of another.

Question 39

At common law, a person cannot be found guilty of a crime unless two things can be established:

A)a guilty mind (actus reus) and a wrongful act (mens rea).
B)a wrongful act (actus reus) and a guilty mind (mens rea).
C)intention to commit a crime and knowledge that an act constitutes a crime.
D)the physical act of committing a crime and the resulting breach of statutory provision.

Question 40

The defence of 'duress' is the assertion by a criminal defendant that:

A)the application of force was in self-defence and the force used was reasonable and not excessive.
B)mental illness meant that the defendant was unable to form the requisite criminal intent.
C)at the time of carrying out the criminal act the defendant suffered from an abnormality of mind that impaired their understanding of right and wrong.
D)at the time of committing the crime the defendant's will was overpowered by compulsion or by the will of another.

Question 41

Which of the following statements concerning the tort of defamation is not true?

A)The defamatory statement must make ordinary people think less of the plaintiff, shun or ridicule the plaintiff or exclude the plaintiff from society.
B)The defamatory statement must identify the plaintiff.
C)The defamatory statement must be published to a third party.
D)The defamatory statement must be about a person, whether living or dead.

Question 42

To establish the defence of 'necessity' the defendant must prove:

A)the interference was neither intentional nor negligent.
B)the plaintiff either expressly or impliedly agreed to the trespass.
C)the trespass was required to protect life, land or goods from imminent and real harm.
D)the trespass was necessary to protect the defendant from imminent physical harm by the plaintiff and was proportionate to the threat.

Question 43

'False imprisonment' is:

A)the deprivation of a person's freedom of movement even where there is lawful justification.
B)the total deprivation of the plaintiff's freedom of movement without consent or lawful justification.
C)interference with the plaintiff's freedom of movement even where there may be reasonable means of escape.
D)direct, physical interference with a person's freedom of movement.

Question 44

To establish the defence of 'absolute privilege' to the tort of defamation, the defendant must prove:

A)the statement was not motivated by malice and the defendant had a duty to make the statement to a person who had a corresponding duty to receive it.
B)the statement was made during parliament or judicial proceedings.
C)the defamatory statement had one or more other meanings that were substantially true and the defamatory meaning did not harm the reputation of the plaintiff because of the substantial truth of the other meanings.
D)the defamatory statement was substantially true.

Question 45

To successfully bring an action against a defendant in the tort of defamation the plaintiff must prove that the allegedly defamatory statement was published to a third party.To be 'published' the statement must have been:

A)printed and released to the public in a book, newspaper or magazine.
B)communicated to the plaintiff, whether in written or oral form.
C)provided in writing to a third party.
D)made in spoken or written form to or in the presence of another person.

Question 46

Taking someone's personal property without their permission may result in both:

A)tortious and criminal liability.
B)criminal and statutory liability.
C)statutory and tortious liability.
D)vicarious and criminal liability.

Question 47

To establish the defence of 'consent' the defendant must prove:

A)the interference was neither intentional nor negligent.
B)the plaintiff either expressly or impliedly agreed to the trespass.
C)the trespass was required to protect life, land or goods from imminent and real harm.
D)the trespass was necessary to protect the defendant from imminent physical harm by the plaintiff and was proportionate to the threat.

Question 48

The elements that must be established by a plaintiff in proving the tort of defamation do not include:

A)the making of a statement by the defendant about the plaintiff that caused others to think less of the plaintiff.
B)identification of the plaintiff in the statement.
C)publication of the statement to someone other than the plaintiff.
D)an intention on the part of the defendant to defame the plaintiff.

Question 49

To establish the defence of 'self-defence' the defendant must prove:

A)the interference was neither intentional nor negligent.
B)the plaintiff either expressly or impliedly agreed to the trespass.
C)the trespass was required to protect life, land or goods from imminent and real harm.
D)the trespass was reasonably necessary to protect the defendant from imminent physical harm by the plaintiff and was proportionate to the threat.

Question 50

Which of the following is least likely give rise to both criminal and civil liability?

A)Breaching a contractual term thereby causing financial loss to another.
B)Drink driving resulting in a car accident.
C)Assaulting another person.
D)Intimidating another person thereby causing them financial loss.

Question 51

Which of the following scenarios constitutes the tort of assault?

A)Jasper threatens to shoot Rupert with a toy gun.Rupert doesn't know that the gun is a toy.
B)Jasper raises his fist at Rupert and says, 'If I was a violent man I would punch you in the face.'
C)Jasper points a shotgun at Rupert from outside his closed window.Rupert knows the window is bulletproof glass and he is in no danger.
D)Jasper threatens to stab Rupert with a knife.Rupert knows that the knife is made of rubber.

Question 52

Which of the following scenarios would not amount to private nuisance?

A)Killing your neighbour's prize-winning orchids with noxious fumes from the vat of hydrochloric acid you keep in your shed.
B)Damming the creek at the rear of your property and causing flooding to your neighbour's backyard.
C)Directing a spotlight through your neighbour's bedroom window every night.
D)Parking your vehicle on the footpath so as to block the access of customers attending your neighbour's weekly garage sale.

Question 53

Which of the following is a description of the tort of deceit?

A)Innocently making a false statement during contractual negotiations which statement induces a plaintiff to enter into a contract.
B)Fraudulently making a false statement during contractual negotiations which statement induces a plaintiff to enter into a contract.
C)Falsely advertising goods and services.
D)Misrepresenting a product as having some kind of connection with another person or business.

Question 54

To establish the defence of 'contextual truth' to the tort of defamation, the defendant must prove:

A)the statement was not motivated by malice and the defendant had a duty to make the statement to a person who had a corresponding duty to receive it.
B)the statement was made during parliament or judicial proceedings.
C)the defamatory statement had one or more other meanings that were substantially true and the defamatory meaning did not harm the reputation of the plaintiff because of the substantial truth of the other meanings.
D)the defamatory statement was substantially true.

Question 55

A manufacturer of a defective product is least likely to incur:

A)contractual liability.
B)tortious liability.
C)statutory liability.
D)no liability.

Question 56

'Which of the following acts would not constitute the tort of battery?

A)Grabbing a stranger on the street and planting a wet, sloppy kiss on their cheek.
B)Randomly giving a bear hug to a parking inspector.
C)Slapping the face of a work colleague.
D)Grabbing a person's arm to stop them falling from a precipice.

Question 57

To establish the defence of 'qualified privilege' to the tort of defamation, the defendant must prove:

A)the statement was not motivated by malice and the defendant had a duty to make the statement to a person who had a corresponding duty to receive it.
B)the statement was made during parliament or judicial proceedings.
C)the defamatory statement had one or more other meanings that were substantially true and the defamatory meaning did not harm the reputation of the plaintiff because of the substantial truth of the other meanings.
D)the defamatory statement was substantially true.

Question 58

Tort law is mainly:

A)statutory law.
B)case law.
C)ecclesiastical law.
D)roman law.

Question 59

A tort is a civil wrong that gives the innocent party the right to:

A)commence litigation to punish the offender.
B)commence litigation to recover compensation.
C)commence prosecution to recover compensation.
D)commence prosecution to punish the offender.

Question 60

An employer is most likely to be liable for harm caused by a worker if the worker:

A)carelessly causes the harm.
B)is an independent contractor.
C)is wearing a uniform provided by the employer.
D)is an employee acting within the scope of their employment.

Question 61

The tort of trespass is 'actionable per se' because:

A)there is no need for the plaintiff to prove actual loss or damage in order to commence action.
B)the defendant must prove that the plaintiff suffered actual loss or damage.
C)there is a need for the plaintiff to prove that the defendant's act was intentional.
D)the plaintiff must prove that the defendant was negligent.

Question 62

With Ash's permission, Rachel borrows Ash's car to drive to work.However she now refuses to return it.Rachel has committed the tort of:

A)nuisance.
B)defamation.
C)detinue.
D)negligence.

Question 63

The tort of assault is:

A)direct and intentional conduct that causes contact with the body of the plaintiff.
B)direct and accidental contact with the body of the plaintiff.
C)a direct threat that causes the plaintiff to feel threatened by an imminent danger to their person.
D)a direct threat that causes a person, other than the plaintiff, to feel threatened by an imminent danger to their person.