LA2020 Synth 2

LA2020 Torts B focuses on

• the Tort of Defamation

• the Tort of Negligence

• the Tort of False Imprisonment

• the Tort of Battery

Which one of these is an element of the Tort of Negligence?

• The plaintiff owes a duty of care to children

• Duty of care is owed by the plaintiff to the defendant

• Duty of care is owed by the defendant to the plaintiff

• The jury determines whether it's the plaintiff or defendant who owes the duty of care

One of the features of the Tort of Negligence is:

• The facts are highly specific

• All negligence cases are heard in the High Court

• All negligence cases are weighed in favour of the plaintiff

• All negligence cases deal with criminal acts

Which of these an element of the Tort of Negligence

• The defendant is unaware of the duty of care

• The defendant has breached the duty of care

• The plaintiff has breached the duty of care

• Someone other than the plaintiff or the defendant has breached the duty of care

Which one of these is an element of the Tort of Negligence?

• The breach of the duty of care caused the required harm to the plaintiff

• The breach of the duty of care caused major harm to the defendant

• The defendant was unaware that the plaintiff suffered harm

• The breach of the duty of care caused any type of harm to the plaintiff

Which is true of the Tort of Negligence?

• Only a King's Counsel can represent a defendant in a plaintiff case.

• The plaintiff can succeed if two elements (duty of care, causation) are met.

• Negligence court trials are always televised to the public

• All three elements (duty of care, breach, causation) must be met for the plaintiff to succeed

What is the main difference between Trespass and Negligence?

• Direct interference is required for trespass

• Direct interference is required for neglience

• The High Court only hears negligence cases

• The District Court only hears trespass cases

The Civil Liability Act 2003 (Qld) legislates for

• Defamation

• Personal injury

• Trespass

• Cybercrime

Duty of care is:

• A question for forensic inquiry

• A question of law

• A question of fact

• A question relating to civil liberties

The Civil Liability Act 2003 (Qld) was enacted mainly in response to:

• Pressure from the insurance industry

• Pressure from the legal profession

• Pressure from civil liberties groups

• Pressure from information technology specialists