Deck 23: Other Business-Related Torts

Question 1

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.

Answer 1

C

Question 2

Participants in contact sports are taken to have consented to some form of physical force however caused.

Answer 2

False

Question 3

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

Answer 3

True

Question 4

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 5

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

Question 6

A person who borrows a friend's textbook without permission and then refuses to return it commits the tort of conversion.

Question 7

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.

Question 8

Which of the following statements is the best description of 'Nervous Shock'?

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 9

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 10

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 11

False imprisonment involves a total restraint of the plaintiff by the defendant to move about.

Question 12

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 13

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 14

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 15

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 16

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 17

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 18

Which of the following statements is the best description of 'False Imprisonment'?

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 19

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 20

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 21

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 22

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

Question 23

Are there any business-related torts which you believe to be redundant, out of date or irrelevant to modern business?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

Question 24

The tort of intimidation involves threats of an unlawful act.

Question 25

Why is it important that a defamatory statement is published in an action in defamation?

Question 26

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 27

The uniform defamation laws adopted in 2006 replace the common law.

Question 28

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 29

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 30

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

Question 31

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 32

A journalist who publishes a defamatory statement about the conduct of a politician may be able to rely upon the defence of:

A) Consent.
B) Fair reporting of matters of public concern.
C) Unlikelihood of harm.
D) Absolute privilege.

Question 33

An apology by the defendant will have no effect on an action for defamation.

Question 34

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

Question 35

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 36

In the context of an action for defamation, what does 'published' mean?

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 37

Conspiracy is both a crime and a tort.

Question 38

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 39

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

Question 40

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

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

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

Action for private nuisance is often taken by the state.

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

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

Question 45

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

Question 46

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 47

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 48

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 49

Breach of statutory duty is a tort of strict liability.

Question 50

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 51

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 52

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

Question 53

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.