Torts 1 PASS Week 2

What is a tort?

• A criminal wrong which the common law will provide a remedy

• A wrong someone has committed and a remedy will be provided at law

• A civil wrong for which the common law will provide a remedy

• Both a criminal and civil wrong for which the common law will provide a remedy

Todorovic v Waller sets out the principle of...

• The law of torts aiming to restore the injured person to the position they were in before the tort was committed

• The law of torts aiming to restore the liable person to the position they were in before the tort was committed

• The law of torts aiming to restore the injured person to a better position than they were in before the tort was committed

• It doesn't set out any governing principles

Tordorvic v Waller (1981) 151 CR 402 is the correct case name

• True

• False

Civil law encompasses

• Torts

• Property

• Contract

• Criminal

There are three general elements of a tort

• True

• False

The first element of a tort is an act or omission, which can be a...

• A misfeasance

• A nonfeasance

• A non-fault

• A fault

The second element of a tort is...

• Unprotected rights are infringed

• Protected rights are infringed

• Protected rights are unharmed

• Protected criminal rights are infringed

The third element of a tort is action for damages

• True

• False

The standard of proof required in civil law is

• On the balance of probability

• Beyond a reasonable doubt

In a civil action the plaintiff bears the onus of proof

• True

• False