The University of the South Pacific          
Examinations
Semester 2 - 2003
Emalus Campus
 

 

 

SCHOOL OF LAW

 

 

COURSE NAME:                                           Law of Torts II

 

 

COURSE NO:                                                 LA 204

 

 

TIME ALLOWED:                                          Three (3) hours

 

 

READING TIME:                                            Fifteen (15) minutes

 

 

NUMBER OF PAGES:                                   Five (5) (including this one)

 

 

NUMBER OF QUESTIONS

ON PAPER:                                                    Five (5)

 

 

NUMBER OF QUESTIONS

TO BE ANSWERED:                                                 All   (choice in Q.1)

 

 

MARKS ALLOCATED FOR QUESTIONS: Q.1 –   5

                                                                        Q.2 – 15

                                                                        Q.3 – 10

                                                                        Q.4 – 15

                                                                        Q.5 –   5

                                                                                   

 

TOTAL MARKS:                                            Fifty (50)

 

 

 

MATERIALS PERMITTED IN EXAMINATION ROOM:

 

Case-list (supplied)

Pens, watch

 

Question 1.     Answer either  A.   OR    B.                                                     (5 marks)

 

 

A.        If a publication in your jurisdiction alleged that a named politician had been convicted of fraud, when in fact his only conviction is for forgery, would the proof of the forgery conviction suffice for a defence of “justification”?

 

OR

 

B.        John owns an auto-repair business in your jurisdiction. The government has decided on a new vehicle-inspection programme, and he can get a lot of new business out of it if he expands his shop. At the same time, the school fees for his brothers’ children in the village have been increased, and they cannot pay unless he helps them.

Would it be defamatory to say of John that his relatives had to leave school because he chose to invest in his business?

Would it be defamatory to say of him that his business failed because he spent the money it needed on his relatives’ school fees?

 

 

 

Question 2

 

A newspaper in your jurisdiction has just published a story about a leading retired politician, Mr Fraser, regarded as an elder statesman of the country. He left active politics and business a year ago, but he still sees many of the country’s leaders socially.

 

In the story there is an allegation that he is addicted to a type of painkiller – that he takes these narcotic pills continually through the day. A doctor is quoted as saying that the effect must be a level of intellectual confusion and some memory loss – and that to be consuming the pills at the rate reported, the man must have been taking these pills for many years.

 

The source of the story is a housekeeper who worked for Fraser over two decades, who left the job, on amicable terms, when she reached 60. The newspaper contacted Fraser’s secretary before publication, telling him the content of the story, but the secretary said Fraser would not comment. The newspaper also contacted Fraser’s doctor and several members of his family, but all refused comment. (All this was included in the story.)

 

After publication, it became clear that although Fraser was taking the pills, he had only begun doing so after a recent fall. He was not taking them in anything like the quantity reported by the housekeeper -- she had been misled by the way the pills were packaged.

 

The newspaper has printed a correction, but Fraser demands that it publish an apology including a statement that it was wrong to publish the original story. This the newspaper refuses to do, asserting that its error was reasonable.

 

A.        Should the newspaper be liable to Fraser in defamation?                        (10 marks)

 

 

B.        Should the housekeeper be liable to Fraser for breach of confidence?    (5 marks)

Question 3

 

A Mr Mali was criticised in a column in the city’s main newspaper, in your jurisdiction. Mr Mali was said to be evading taxes with his import business. The next day just before lunch Bob, a nephew of Mr Mali who has worked for him as a personal driver and messenger for many years, visited the newspaper editor at his office. After making some loud complaints, he punched the editor several times.

 

Mr Mali, who has instituted a libel suit against the editor, insists that he knew nothing of Bob’s visit until after it happened, and had never told him or allowed him to harm anyone for his sake. Mr Mali says the matter is between the editor and Bob.

 

 

 

A.        Should Mr Mali be vicariously liable to the editor for Bob’s battery?

  (10 marks)

 

 

B.        The editor appears on a TV political-affiars show once a week. In the week after the attack he missed the show, saying he could not go on looking as he did – his lips cut and half his face swollen. If he is successful in a battery suit (against Bob and/or Mr Mali), should his damages include the pay he missed by missing the show?

   (5 marks)

 

 

 

 

 

 

 

Question 4                                                                                                        (10 marks)

 

Paul Moroni is the Minister of Immigration. His staff collected information that a certain Mr Adams, a foreign national residing in the country on a business permit, has been incurring debts he fails to pay ever since his arrival a year before. They had complaints from a landlord and several restaurants concerning amounts in thousands of dollars. No-one had started a legal action, and the police policy is not to investigate fraud claims unless much greater sums are involved, but the Immigration Department senior officer said Adams is not active in business and should have his residence permit revoked. Under the Immigration Act only the Minister may do this, and he has an unfettered discretion; Ministers have deported many people with this power over the years. Moroni receives the recommendation, but does nothing about it. Adams remains in the country.

 

A few months later your client agrees to establish a resort with Adams. After passing over $50,000 to Adams, for the purchase of equipment abroad, and after providing accommodation and living expenses for over a month to Adams, your client discovers that Adams has left the country. There is no way to trace him; the various addresses and contacts he claimed all turn out to be false.

 

It seems Adams has failed to pay any bills to anyone at all, after his first week in the country, when he did spend a great deal in cash. And your client has acquired proof that during the time he was dealing with Adams, Moroni had told friends that he himself had lent Adams money, and hoped to get it back. “But really,” Moroni was heard to say, “I don’t care if I never get it. The guy’s such fun to be with.”

 

Your client knew nothing of Adams’ debts until the man’s sudden departure. Now he wants to get his money back.

 

Would he win a suit in misfeasance in public office against Minister Moroni?

 

 

 

 

 

 

Question 5                                                                                                          (5 marks)

 

In the past decade the Supreme Court of Tonga has developed a basic quantum of $2000 as the exemplary damages award in cases of battery by police officers. That is a little less than $1000 US, or about $1500 in Australian, New Zealand, or Fijian currency, at today’s rates. Subject to special circumstances, it is the amount the parties can reasonably expect the court to order, in addition to compensation.

 

Do you agree with the fixing of such a standard, for this class of case?

Do you think this amount is too high or too low?