Deck 22: Other Business-Related Torts

Question 1

Assault,Battery and false imprisonment are all examples of unintentional torts.

Answer 1

False

Question 2

Which of the following statements is the LEAST likely to be defamatory in nature?

A)A statement which insults and offends the plaintiff.
B)A statement which is likely to injure the plaintiff's professional reputation.
C)A statement which lowers the plaintiff's reputation in the community.
D)A statement which is likely to induce others to ridicule the plaintiff.

Answer 2

A

Question 3

If Carol takes Mary's laptop without permission and then refuses to return it to Mary,Carol has committed the tort of conversion.

Answer 3

False

Question 4

What does 'published' mean with regards to a defamation case?

A)The defamatory statement was made known to a third party who was capable of understanding the defamatory meaning.
B)The defamatory statement was in writing.
C)The defamatory statement was published in a book or magazine.
D)The defamatory statement was in a permanent form,such as a book,film or letter.

Question 5

Which of the following statements is the best description of 'Assault'?

A)An intentional act which causes another to reasonably believe that they are in imminent danger of harmful or offensive contact.
B)An intentional or negligent act which brings about an immediate or direct harmful or offensive contact to another.
C)An intentional,direct and total restraint upon the liberty of another.
D)A statement made to another in a way that is intended to cause physical injury to them and that does in fact cause a reasonably foreseeable physical harm to them.

Question 6

Which of the following statements about battery is NOT correct?

A)Battery must be the result of a positive act.
B)Damages,including exemplary damages,are the usual remedy for battery.
C)Any amount of contact can amount to battery provided it is without consent.
D)Battery must involve physical contact between the plaintiff and the defendant.

Question 7

Which of the following is NOT a defence to a civil action for false imprisonment?

A)The imprisonment was not false.
B)There was a reasonable means of escape available.
C)The plaintiff was not totally restrained.
D)The plaintiff consented to conditions imposed by contract.

Question 8

Which of the following statements is the best description of 'Trespass to Goods'?

A)A direct physical interference with another person's lawful possession of land.
B)A direct and intentional act of interference with goods in another person's possession.
C)An intentional denial of another person's right to immediate possession of goods.
D)An unreasonable refusal to return another person's goods to them.

Question 9

False imprisonment involves the unlawful restraint of a person's freedom in such a way that the person has no reasonable means of escape.

Question 10

Which of the following statements is the best description of 'Conversion'?

A)A direct physical interference with another person's lawful possession of land.
B)A direct and intentional act of interference with goods in another person's possession.
C)An intentional denial of another person's right to immediate possession of goods.
D)An unreasonable refusal to return another person's goods to them.

Question 11

In which of the following States have assault and battery been merged into the single crime of 'Assault'?

A)Western Australia.
B)South Australia.
C)New South Wales.
D)Victoria.

Question 12

By participating in contact sports,players consent to all types of physical force.

Question 13

A sports club can be held vicariously liable for a player's battery arising from a deliberate breach of the rules.

Question 14

The case of Barton v Armstrong [1969] 2 NSWLR 451,is authority for the principle that:

A)assault requires a positive intentional act.
B)threats over the telephone cannot amount to assault as there can be no fear of immediate violence.
C)threats over the telephone can amount to assault if the fear caused is reasonable.
D)threats of future violence cannot create a reasonable fear of immediate violence.

Question 15

Which of the following statements is the best description of 'Battery'?

A)An intentional act which causes another to reasonably believe that they are in imminent danger of harmful or offensive contact.
B)An intentional or negligent act which brings about an immediate or direct harmful or offensive contact to another.
C)An intentional,direct and total restraint upon the liberty of another.
D)A statement made to another in a way that is intended to cause physical injury to them and that does in fact cause a reasonably foreseeable physical harm to them.

Question 16

Which of the following statements is the best description of 'Trespass to Land'?

A)A direct physical interference with another person's lawful possession of land.
B)A direct and intentional act of interference with goods in another person's possession.
C)An intentional denial of another person's right to immediate possession of goods.
D)An unreasonable refusal to return another person's goods to them.

Question 17

Which of the following is NOT required to be proved in an action in defamation?

A)That the statement made by the defendant is defamatory.
B)That the statement made by the defendant was published.
C)That the statement made by the defendant refers to or identifies the plaintiff.
D)That the defendant intended to harm the reputation of the plaintiff.

Question 18

Which of the following statements is the best description of 'Detinue'?

A)A direct physical interference with another person's lawful possession of land.
B)A direct and intentional act of interference with goods in another person's possession.
C)An intentional denial of another person's right to immediate possession of goods.
D)An unreasonable refusal to return another person's goods to them.

Question 19

In relation to internet defamation cases,Dow Jones & Company Inc v Gutnick [2002] HCA 56 is authority for the principle that the cause of action will arise:

A)in the jurisdiction in which the company publishing the material is registered.
B)in the jurisdiction in which the publisher's server is located.
C)in the first jurisdiction in which the material is published in hard copy.
D)in the jurisdiction that the material is read.

Question 20

'False Imprisonment' is defined as:

A)an intentional act which causes another to reasonably believe that they are in imminent danger of harmful or offensive contact.
B)an intentional or negligent act which brings about an immediate or direct harmful or offensive contact to another.
C)an intentional,direct and total restraint upon the liberty of another.
D)a statement made to another in a way that is intended to cause physical injury to them and that does in fact cause a reasonably foreseeable physical harm to them.

Question 21

Which of the following may be a crime as well as a tort?

A)Conspiracy and injurious falsehood.
B)Intimidation and conspiracy.
C)Deceit and intimidation.
D)All of the above.

Question 22

Why must a defamatory statement be published for there to be a cause of action for defamation?

Question 23

In a case involving defamation,a defendant's sincere apology will not impact the case whatsoever.

Question 24

The publication of a defamatory statement regarding the conduct of a public figure may be lawful based on the legal concept of:

A)consent.
B)fair reporting of matters of public concern.
C)unlikelihood of harm.
D)absolute privilege.

Question 25

A merchant who induces their customers to wrongly believe that the merchant's competitor's goods are defective commits the tort of:

A)Injurious falsehood.
B)Conspiracy.
C)Intimidation.
D)Passing off.

Question 26

The tort of intimidation is committed when the defendant makes threats of an unlawful act to the plaintiff so that the plaintiff acts to their own loss.

Question 27

Where a statement is made in Parliament,absolute privilege provides a complete defence to a defamation action.

Question 28

Which of the following is NOT necessary in order to successfully sue a defendant in the tort of public nuisance?

A)That the nuisance was substantial and unreasonable and materially affected the reasonable comfort and convenience of life of a class of the population of which the plaintiff was a member.
B)The damage was reasonably foreseeable.
C)That the plaintiff has suffered particular damage over and above that suffered by the public because of the nuisance.
D)That the defendant is the occupier or owner of the land affected by the nuisance.

Question 29

Common law defamation has been replaced with uniform defamation laws which were adopted in 2006.

Question 30

Conspiracy is both a crime and a tort.

Question 31

Which of the following is NOT a defence in respect to the tort of defamation?

A)Triviality.
B)Contextual truth.
C)Fair reporting of matters of public concern.
D)Apology or offer to make amends.

Question 32

Describe the differences between absolute privilege and qualified privilege in an action in defamation.

Question 33

Which of the following defamatory statements would NOT be protected by the defence of 'Absolute Privilege'?

A)A defamatory statement contained in a letter to the editor published in a newspaper.
B)A defamatory statement made in the course of judicial proceedings.
C)A defamatory statement made by a Minister during parliamentary proceedings.
D)A defamatory statement made in a statutory inquiry.

Question 34

Which of the following statements about defamation is NOT correct?

A)Only the living can sue for defamation.
B)Damage to personal reputation is central to any defamation action.
C)A person who republishes defamatory material is equally liable for the defamation.
D)Reference to members of a class of people is actionable by members of that class.

Question 35

For the tort of passing off to apply,the parties must both be in the same business.

Question 36

Which of the following is an example of an economic tort?

A)Intimidation.
B)Misrepresentation.
C)Conspiracy.
D)All of the above.

Question 37

A merchant who induces their customers to wrongly believe that the merchant's goods are connected with or associated with another person commits the tort of:

A)passing off.
B)intimidation.
C)injurious falsehood.
D)conspiracy.

Question 38

The case of Lumley v Wagner (1852)42 ER 687 is an example of the tort of:

A)defamation.
B)nuisance.
C)interference with contractual relations.
D)intimidation.

Question 39

The tort of conspiracy involves intentional or unintentional injury to the plaintiff.

Question 40

Are there any business-related torts which you believe to be redundant,out of date or irrelevant to modern business? Explain your answer.

Question 41

Which of the following is NOT a defence to the tort of private nuisance?

A)Consent.
B)Provocation.
C)The taking of reasonable precautions.
D)Contributory negligence.

Question 42

Explain the meaning of private nuisance and what the plaintiff must prove to succeed.

Question 43

In the case of: ABC v Lenah Game Meats Pty Ltd 2001 HCA 63,the High Court decided that:

A)there is a tort of invasion of privacy in Australia.
B)there is no authority preventing the tort of invasion of privacy in Australia.
C)there is no tort of invasion of privacy in Australia.
D)there is authority which prevents the tort of invasion of privacy in Australia.

Question 44

The tort of invasion of privacy was established in Australia by the case of ABC v Lenah Game Meats Pty Ltd 2001 HCA 63.

Question 45

Which of the following is NOT a defence to an action in nuisance?

A)Contributory negligence.
B)Statutory authority.
C)That reasonable precautions had been taken.
D)Triviality of complaint.

Question 46

Action for private nuisance is often taken by the state.

Question 47

The case of Sedleigh-Denfield v O'Callaghan [1940] AC 880 is authority for the principle that:

A)only the occupier of land can be sued for nuisance.
B)only an occupier of land can sue for nuisance.
C)an occupier can be sued for a nuisance created on their land by someone else.
D)an occupier need not know about a nuisance to be held liable for it.

Question 48

The tort of nuisance is concerned with the use and enjoyment of land.

Question 49

Which of the following is NOT an element of the tort of breach of statutory duty?

A)The damage suffered was caused by the breach and was personal injury or property damage.
B)The person in breach intended to harm the person affected and was at fault.
C)The legislation intended to confer a civil remedy upon a person affected by the breach of duty.
D)The plaintiff is a person for whom the benefit of the legislation was passed.

Question 50

Breach of statutory duty is a tort of strict liability.

Question 51

Which of the following statements about private nuisance is NOT correct?

A)The remedies are injunction and/or damages.
B)Only the person in occupation of land can sue for nuisance.
C)The nuisance must be substantial and unreasonable.
D)The nuisance must cause physical damage to the plaintiff's property.

Question 52

A person who moves next door to an airport cannot later complain about the noise.