Page 894 - SUBSEC October 2017_Neat

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1. A defamatory statement is one that 5. Which of the following statements is
correct with regard to an action for false
(A) was made in a heated argument imprisonment?
(B) was written about someone
(C) tends to lower a person in the (A) It is not actionable per se.
estimation of his friends (B) The defendant must justify the
(D) tends to lower a person in the restraint.
estimation of right-thinking (C) The defendant must show he had
persons no reasonable cause to detain the
plaintiff.
(D) The defendant is liable where
2. Which of the following is NOT a defence the plaintiff knows that the
for defamation? defendant had him detained

(A) Truth
(B) Free speech 6. Which of the following is NOT a true
(C) Fair comment statement in private nuisance?
(D) Absolute privilege
(A) The plantiff must have an interest
in land.
3. Which of the following are sources of libel? (B) The plaintiff can recover damages
for personal injury.
I. Photographs (C) The defendant’s conduct must have
II. E-mails been unreasonable.
III. Gestures (D) The interference to land must
be substantial for a successful
(A) I and II only action.
(B) I and III only
(C) II and III only
(D) I, II and III 7. The term ‘particular damage’ is usually
associated with the law of

4. For a person to be found liable for battery, (A) assault
there must be (B) negligence
(C) public nuisance
(A) unlawful physical contact (D) private nuisance
(B) consent to physical contact
(C) personal injury to the victim
(D) a threat of violence by the tort 8. Which of the following provides a defence
feasor to an occupier for injuries sustained by a
. lawful visitor on the occupier’s premises?

(A) Trespassing
(B) Ex turpi causa
(C) Inadequate warnings
(D) Volenti non fit injuria

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02231010 CAPE/SPEC 2017