Question 1

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

Accepted Answer

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. 
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. A

Question 2

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

Accepted Answer

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. 
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. D

Question 3

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

Accepted Answer

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. 
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. D

Question 4

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

Accepted Answer

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

Question 5

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

Accepted Answer

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

Question 6

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

Accepted Answer

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. 
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 7

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

Accepted Answer

A) True 
 B)False

Question 8

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

Accepted Answer

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

Question 9

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

Accepted Answer

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. 
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

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

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

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. 
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 12

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

Accepted Answer

A) True 
 B)False

Question 13

Which of the following statements about defamation is NOT correct?

Accepted Answer

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. 
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 14

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

Accepted Answer

Absolute privilege - accepts the defamat

Question 15

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

Accepted Answer

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

Question 16

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

Accepted Answer

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. 
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 17

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

Accepted Answer

A) True 
 B)False

Question 18

Breach of statutory duty is a tort of strict liability.

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

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. 
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 20

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

Accepted Answer

One business-related tort that some may

Exam 22: Other Business-Related Torts

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

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

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

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

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

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

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

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

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

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

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

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

Which of the following statements about defamation is NOT correct?

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

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

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

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

Breach of statutory duty is a tort of strict liability.

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

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

Legal Foundations

Legal Systems

How Law Is Made: Precedentstatute Law

Civil Liability: the Law of Torts and Negligence

Applications of Negligence to Business

Introduction to Contracts

Agreement Between the Parties

Intention to Create Legal Relations

Consideration

Capacity of the Parties

Genuine Consent

Is the Contract Legal

Terms of the Contract

Rights and Liabilities of the Parties,discharge and Remedies

Remedies in Contract

Statutory Consumer Guarantees and the Australian Consumer Law

General and Specific Consumer Protections Under the Acl

Introduction to Companies and Incorporated Associations

Agency

Partnerships

Choosing a Business Entity

Insurance

Sale of Goodsbusiness to Business

Property and Mortgages

Intellectual Property

Ethics and Business Practice

Criminal Law in a Business Context

Competition Law

Insolvency and Debt Recovery

The Work Environment and the Employment Relationship

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