Torts 1 W5

Do we have a right to privacy in Australia?

• Sometimes
• Yes
• No
• Maybe

Which case said there is NOT a right to privacy in Australia?

• Olmstead v United States (1928)
• Australian Broadcasting Corporation v Lenah Game Meats (2001)

• Griswold v Connecticut (1965)
• Roe v Wade (1973)

Passing off is a form of ...

• Trespass

• Intellectual property theft
• Patent infringement
• Copyright violation

Was Peter Bodum A/S v DKSH Australia Pty Ltd (2011) passing off or not?

• Passing off
• Trademark infringement
• Copyright violation
• Not passing off

Can you claim loss of potential to exploit goodwill?

• Yes, only if the goodwill was lost due to negligence on the part of the claimant.
• Yes, if there was a genuine opportunity to generate income or profit from the goodwill that was lost.
• No, loss of potential to exploit goodwill cannot be claimed under any circumstances.
• No, loss of potential to exploit goodwill is not recognized as a valid claim in legal proceedings.

What are the elements of a Tort?

• Act / Omission

• Infringed Rights

• Actions for damages

• Common Law

Is case law binding on the High Court?

• No
• Yes
• Sometimes
• Only on weekends

Australia has what kind of judicial system?

• inquisitorial

• Judicial

• Civil

• Adversarial

What are the elements of the action of defamation?

• Defamatory matter

• Publication

• Identification

• Serious harm

• Remedy

What is the purpose of the tort of defamation?

• To promote freedom of speech without consequences
• To protect individuals from physical harm
• To protect a person's reputation from false statements
• To encourage spreading rumors and false information