Question 1

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

Accepted Answer

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. 
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 2

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

Accepted Answer

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. 
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 3

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

Accepted Answer

A) True 
 B)False

Question 4

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:

Accepted Answer

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. 
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 5

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:

Accepted Answer

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

Question 6

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

Accepted Answer

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. 
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 7

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

Accepted Answer

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

Question 8

'False Imprisonment' is defined as:

Accepted Answer

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. 
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

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

Accepted Answer

'Published,' in cases of defamation,mean

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

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. 
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 12

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

Accepted Answer

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

Question 13

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

Accepted Answer

A) True 
 B)False

Question 14

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

Accepted Answer

A) True 
 B)False

Question 15

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

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 16

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

Accepted Answer

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

Question 17

Which of the following statements about battery is NOT correct?

Accepted Answer

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. 
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 18

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

Accepted Answer

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. 
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 19

Action for private nuisance is often taken by the state.

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

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

Exam 22: Other Business-Related Torts

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

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

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

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 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:

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

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

'False Imprisonment' is defined as:

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

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

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

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

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

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

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

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

Which of the following statements about battery is NOT correct?

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

Action for private nuisance is often taken by the state.

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

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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