LAW OF TORTS – WORKSHEET

1. A wrong is behaviour that is disapproved of by a given society. The wrong suffered is called a
tort when
a. There was an agreement between the parties and the wrong was a failure to fulfil a promise
made under that agreement.
b. The wrong is behaviour punishable by fines or imprisonment and only the government can
take action and benefit from the proceeds of the fine.
c. The wrong is a failure to observe duties arising out of a relationship of trust and faith.
d. The wrong is established by either decided cases or legislation and the law allows private
persons to take action and benefit from any compensation awarded by the courts.

2. What does the word ‘tort’ mean?

3. Express as clearly as possible in your own words what is a legal tort.
4. What is a cause of action?
5. When a cause of action is a Crime, who alone is allowed to start the proceedings in court?
6. When a cause of action is breach of Contract, who alone is allowed to start proceedings in
court?
7. When a cause of action is a breach of Trust, who alone is allowed to start proceedings in court?
8. When a cause of action is a tort, who alone is allowed to start proceedings in court?
9. When a person engages in behaviour that the laws of a country recognizes as a tort or civil
wrong, and his actions are accidental or unintentional, which tort is likely being engaged in?
10. When a person engages in behaviour that the laws of a country recognizes as a tort, and his
actions are intentional, which torts are likely being engaged in?
11. Which torts are also crimes?
12. What is the standard to which the Director of Public Prosecutions must prove the existence of a
crime?
13. What is the standard to which a private person must prove the elements or presence of tort?
14. Which torts are supported by Statute?
15. If a person is seeking damages of 2 million dollars against a defendant, when he goes to court,
would he be called a claimant or a plaintiff?
16. What are the possible legal effects of having a defence to a tort?
17. Which defence can be applied to most torts?
18. Justification is a defence that applies specifically to which tort?
19. Why should a claimant be aware of the principle of vicarious liability?
20. When is a person regarded as an employee?
21. What principle does the case Rose v Plenty represent?
22. What does res ipsa loquitor mean?
23. Explain the case of Scott v London and St Katherine Dock and show how it relates to the
principle of res ipsa loquitor.
24. Identify the four main elements of the tort of negligence.
25. To what extent should a person be careful that his action does not cause harm to another. Cite a
case to support your explanation.
26. Explain at least two factors that the courts use to determine if a defendant has acted reasonably
and not breached his standard of care.
27. How important is causation to establishing the tort of negligence? Distinguish between
causation in fact and causation in law.
28. What are the three sub torts of the major tort of trespass to person?
29. Which tort involves the intentional application of force?
30. Does the application of force in the above tort have to be violent, hateful, or with an intent to
hurt? Which case tries to explain this?
31. A claimant’s knowledge of confinement by the defendant is not necessary to prove false
imprisonment? Which case speaks to this?
32. Which aspects of the tort of defamation does each of the following cases represent: Sim v
Stretch; Knupffer v London Express Newspapers; and Huth v Huth.
33. Explain fair comment and qualified privilege as defences to defamation.
34. Distinguish between public and private nuisance.
35. When there is direct physical damage to a person’s property, is it a defence that the locality is of
a type that would normally produce such an effect? Use the case of St Helen’s v Tipping.
36. Where private nuisance is in the form of substantial interference with the use and enjoyment of
land, what factors will the court consider before giving an award to a claimant?
37. Explain how prescription would work as a defence to private nuisance.
38. In addition to damages and injunction what other remedy or result is possible for private
nuisance?
39. Under the Occupier’s Liability Act, only a few persons are protected from harm caused by an
occupier’s premises. Outline these classes of individuals.
40. How may an occupier protect himself from a lawsuit under the Occupier’s Liability Act?
41. Where, in the various sources of law, may protection for a trespasser be found?
42. What is necessary for a claimant to have truly agreed to a tort or, in other words, what are the
elements of volenti non fit injuria?
43. Outline the defence of Contributory negligence.