List and explain the two types of nuisance(s).
- Public Nuisance: An act or non-action that causes damage, discomfort or inconvenience to a class of the population (must be an unlawful act).
- Private Nuisance: An annoying or harmful activity that interferes with an individual’s enjoyment of their land causing damage, discomfort or inconvenience (must be an unlawful act).
List some examples of Public Nuisance.
- Club plays loud music too late.
- Selling dodgy food.
- Providing an unsafe workplace.
List some examples of Private Nuisance.
- Onstructing footpath/driveway.
- Knocking down your fence.
What is defamation?
The damage of the good name and and reputation of someone else in the form of libel and/or slander.
Explain the two forms of defamation.
- Libel: A permanent form of defamation (Eg. Written).
2. Slander: Defamation in a temporary form (Eg. Speech/gesture).
What needs to be proven in a defamation case?
- Defamatory material was made about the plaintiff by the defendant.
- Material was made known to a third party.
- Material lowered the plaintiff’s reputation.
List and briefly explain some defences to defamation.
- Justification: Applies where defamatory statement was substantially true.
- Qualified privilege: Applicable where the defendant…
> Believes plaintiff had a moral or legal interest in receiving the information.
> Acts without malice or spite
> Acts reasonably in the circumstances. - Consent.
- Fair comment: It was in the public interest to know the material.
What is negligence?
Doing or not doing something which a reasonable person would or would not do in certain circumstances, which causes harm or loss to another person.
Explain duty of care.
A legal obligation to avoid causing harm to a person or group where harm is ‘reasonably foreseeable’ if care is not taken.
- There must be a sufficiently close relationship (proximity) between the two people in order for a duty of care to exist.
Explain the two tests of a duty of care.
- Foreseeability: Would a reasonable person foresee the likelihood of harm to the plaintiff as an individual or one class, if the defendant failed to take reasonable care?
- Proximity: Would a reasonable person foresee the likelihood that the plaintiff would be closely and directly affected by the defendant’s negligent conduct?
Lost the forms of damages in negligence.
- Physical.
- Mental.
- Property.
- Financial.
What is Vicarious Liability.
Where one person is made liable for the actions of another (Eg. Business, clubs, associations etc.).
List and briefly explain the three types of trespass.
- Trespass to person: Assault, battery or false imprisonment of another person.
- Trespass to land: Unauthorised access to another person’s land.
- Trespass to goods: Direct interference by one person with another person’s possession of goods.
