9.
What is trover?
It is the old name for
conversion and is sometimes still used.
10.
Is intention relevant to the tort of conversion?
Yes
18. Defamation and
Other Torts Affecting the Reputation
1.
What are the primary differences between libel and
slander?
· Libel has to exist in
some permanent form; slander does not
· Libel is
actionable per se; slander is not
· Libel can be a crime as
well as a tort; slander is just a tort
2.
True or False: only living persons can sue for defamtion?
True
3.
What is meant in this context by ‘publication’?
It means the statement
must be communicated to a third party.
4.
In which case was the following definition of defamation
offered?
“A statement which
tends to lower the claimant in the estimation of right thinking members of
society generally…”
Sim v Stretch
5.
What technical term is used to refer to the situation
where words are not defamatory on their face, but can be construed as such by
people who know the claimant?
Innuendo
6.
What is the material difference between qualified and
absolute privilege?
In order successfully
to plead qualified privilege, the defendant must prove that the statement was
made without malice.
7.
What remedies are available in defamation?
Injunction and damages
19. Remedies in
Tort
1.
What is the term used to refer to damages which are
awarded where a claimant has proved his claim but suffered no loss?
Nominal damages
2.
What is the general aim of tort damages?
Compensation
3.
Which House of Lords' decision provides the current
principles for determining when exemplary damages may be awarded in tort cases?
Kuddus v Chief
Constable of Leicestershire Constabulary
4.
What are special damages?
These are quantifiable
pecuniary losses up to the date of trial.
5.
Are pain and suffering considered subjectively or
objectively when quantifying damages?
Subjectively
6.
Under which statutory provision can damages for
bereavement now be claimed in certain circumstances?
S 3 Administration of
Justice Act 1982 (new s 1A Fatal Accidents Act 1976)
20. Defences
1.
Following Froom v Butcher, what percentage
reduction will now be made in a claimant's damages if he was not wearing a
seatbelt when doing so would have prevented his injuries altogether? 25%
2.
Under which statutory provision are defendants prevented
from relying on the defence of volenti where insurance is compulsory? S 149
of the Road Traffic Act
3.
What is the name of the defence based on the defendant's
engagement in an illegal act at the time he was injured? Ex
turpi causa non oritur actio
4.
Is there a doctrine of ‘informed consent’ in English
law? No
5.
What is the limitation period for tort actions? Six
years from the date at which the action accrued.
6.
What is an ‘inevitable accident’? An
accident which no human foresight could have prevented.
7.
What is the term used to describe damage which exists, but
which cannot be detected straightaway, and what does this cause problems
for? Latent damage. It causes problems for limitation
purposes (lessened somewhat by the Latent Damage act 1986).
21. Criticisms of
Tort — Reforms
1.
What is the name for the set of rules implemented as a
result of The Woolf Report, Access to Justice? Civil
Procedure Rules 1998
2. Name four major
criticisms often leveled at the tort system? The
need to prove fault, uncertainty for claimants, failure to meet its objectives
and inefficiency.
2.
What has replaced legal aid in personal injury
claims? The conditional fee system.
3.
What alternative to the tort system was advocated in Halsey
v Milton Keynes General NHS Trust? Mediation
4.
What is the most often mooted alternative for the tort
system as it currently stands? A no-fault compensation
system.
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