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A court Is hearing a dispute. Une Witness describes another witness In the case as a corrupt and ruthless businessman. If the second witness sues
A court Is hearing a dispute. Une Witness describes another witness In the case as "a corrupt and ruthless businessman." If the second witness sues the rst witness for defamation his claim: O a. would fail because the rst privilege statement is protected by absolute privilege O b. would succeed because none of A, B or C applies O :3. would fail because the rst witness's statement is protected by absolute privilege D d. would fail because the rst witness's statement is a matter of public interest In defamation law, something which is not expressly stated but may be reasonably inferred from other statements made is described as O a. a privileged statement O b. fair comment O c. an imputation G d. an implied term To succeed in a claim for defamation the person making the claim must prove that Several years ago a speeding truck involved in a fatal accident in NSW was found to have its com pulsory speed limiting device (which would restrict its speed to lkph} disconnected. Dther trucks in the eet were then inspected and found also to have their speed limiting devices disconnected. The owner of the truck fleet {who permitted drivers to disconnect the speed limiting devices to speed up deliveries] could be liable under which legal principle? 0 a. contributory negligence O b. vicarious liability O c. unlimited liability Q d. volenti Look at these images of two hamburgers. On the left is a Mcdonald's Big Mac. On the right is a Hungry Jack's Big Jack Late in 2020 Mcdonald's brought legal action against Hungry Jack's, claiming that the Big Jack is, in appearance and description, an imitation of the Big Mac. The legal name or names of the tort which Mcdonald's alleged against Hungry Jack's is O a. theft of intellectual property O b. nuisance O c. passing off O d. A and CWhere two or more persons are required by a court to share the total damages payable to a third person for damage to hisfher property caused by their negligence it is called: 0 a. limited liability.r O b. proportionate liability,r O c. right of contribution C) d. mitigation To succeed in a claim for defamation the person making the claim must prove that O a. the defamatory statement was made intentionally O b. the defamatory statement named the person bringing the claim O c. the defamatory statement about the person bringing the claim was published to a third party O d. all of the above Howard is a lawyer who specializes in commercial law. Dominik, who is not an Australian citizen, has been charged with a breach of the Migration Act and faces a heavy financial penalty. At a Christmas party Dominik asks Howard's advice about how to defend the charge but does not give Howard any documents he has received from the police. Howard gives Dominik some general advice. Dominik acts upon the advice, but it turns out to be incorrect and Dominik incurs a heavy fine. For which of the following reasons could Dominik not sue Howard for negligence? O a. Howard's advice was not within his expertise O b. Dominik did not pay for the advice O c. The advice was based on incomplete information ON Aandr
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