Business Law BLM1007: Law of Torts (Negligence)
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Questions and Answers

What happens if a Defendant successfully relies on the 'volenti' defence?

  • The Defendant will be liable to the Plaintiff.
  • The Plaintiff may receive aggravated damages.
  • The Defendant can be compelled to perform a specific act.
  • The Plaintiff would not be entitled to any damages. (correct)

Which type of damages is specifically a common law remedy?

  • Nominal damages (correct)
  • Aggravated damages (correct)
  • Specific performance
  • Injunctions

What is the purpose of an injunction in legal terms?

  • To expedite a contract's execution.
  • To compel a Defendant to pay damages.
  • To stop a Defendant from committing a tortious act. (correct)
  • To provide punitive damages to the Plaintiff.

Which of the following is NOT an equitable remedy?

<p>Punitive damages (B)</p> Signup and view all the answers

Ex turpi causa non oritur actio refers to which legal principle?

<p>No action arises from a base cause. (B)</p> Signup and view all the answers

What defines a tort in legal terms?

<p>A civil wrong that allows for recourse (C)</p> Signup and view all the answers

What are the three essential elements of negligence?

<p>Duty of care, breach, damage (D)</p> Signup and view all the answers

How does tort law differ from criminal law?

<p>Tort law regulates personal duties between individuals (C)</p> Signup and view all the answers

What does the 'but for' test determine in a negligence case?

<p>If the damage would have occurred without the defendant's negligence (B)</p> Signup and view all the answers

In which case was a doctor found not liable due to factual causation?

<p>Barnett v Chelsea Hospital (B)</p> Signup and view all the answers

Which case is associated with the concept of duty of care in negligence?

<p>Donoghue v Stevenson (C)</p> Signup and view all the answers

What is a primary defense available to a defendant in a tort case?

<p>Contributory negligence (B)</p> Signup and view all the answers

When may multiple defendants be held jointly liable for a plaintiff's injury?

<p>When they materially contribute to the plaintiff's injury (B)</p> Signup and view all the answers

In the context of negligence, what must be proven regarding 'damage'?

<p>Harm must be directly caused by the breach (A)</p> Signup and view all the answers

What is the reasonable foreseeability test used for in negligence cases?

<p>To decide if the damages are too remote from the defendant's negligence (C)</p> Signup and view all the answers

What distinguishes tort law from contract law?

<p>Tort law pertains to civil wrongs without agreements (D)</p> Signup and view all the answers

What was the outcome for the defendants in Fitzgerald v Lane?

<p>Both defendants were jointly liable (A)</p> Signup and view all the answers

What outcome was pursued by the mother in the case of Hill v Chief Constable of West Yorkshire?

<p>Negligence due to police inaction (A)</p> Signup and view all the answers

In the context of negligence, what must a plaintiff prove regarding the defendant's breach?

<p>That the breach caused the injury (A)</p> Signup and view all the answers

What represents a common misconception about negligence claims?

<p>All negligent acts automatically make the defendant liable (C)</p> Signup and view all the answers

What key element of negligence can be demonstrated using the 'but for' test?

<p>Factual causation of damages (C)</p> Signup and view all the answers

What did the court determine regarding the proximity between D and P?

<p>D was not liable due to lack of proximity. (D)</p> Signup and view all the answers

In the case of Haley v London Electricity Board, what was the primary reason for D's liability?

<p>D failed to foresee the danger to blind individuals. (C)</p> Signup and view all the answers

What is the standard that determines breach of duty according to the content?

<p>The 'Reasonable Man' test. (A)</p> Signup and view all the answers

What does 'Res Ipsa Loquitur' mean in the context of negligence cases?

<p>The thing speaks for itself. (C)</p> Signup and view all the answers

What burden does the plaintiff carry in civil cases concerning negligence?

<p>The plaintiff must prove all elements of their claim. (D)</p> Signup and view all the answers

Why might a plaintiff be unable to provide clear proof of a breach of duty?

<p>The accident may be complex and involve multiple factors. (B)</p> Signup and view all the answers

What would happen to a plaintiff who fails to prove a breach of duty?

<p>They go without remedy. (A)</p> Signup and view all the answers

What is the rationale behind the court's reluctance to impose a duty on D in the discussed case?

<p>It is not feasible to catch every offender. (A)</p> Signup and view all the answers

What was the key issue that determined D's liability in The Wagon Mound case regarding the fire damage?

<p>The fire was deemed too remote and not foreseeable. (C)</p> Signup and view all the answers

What is the doctrine of novus actus interveniens concerned with?

<p>Determining if an act of nature breaks the chain of causation. (A)</p> Signup and view all the answers

Which of the following best describes 'volenti non fit injuria'?

<p>A plaintiff who consents to a risk cannot later claim damages. (D)</p> Signup and view all the answers

In The Wagon Mound case, which factor limited D's liability for the wharf fire?

<p>The unexpected chain of events leading to the fire. (A)</p> Signup and view all the answers

Which of the following represents a situation where D may not be held liable due to an intervening act?

<p>An earthquake occurs after D spills oil on P's property. (D)</p> Signup and view all the answers

Which type of loss is not typically recoverable in negligence cases?

<p>Pure economic loss. (D)</p> Signup and view all the answers

Which situation would likely lead to a defendant being found liable under foresight principles?

<p>The type of damage was reasonably foreseeable at the time of the breach. (D)</p> Signup and view all the answers

What was established in the case of The Wagon Mound regarding the foreseeability of damage?

<p>Liability is limited to damages that are foreseeable. (C)</p> Signup and view all the answers

Flashcards

Tort

A civil wrong, involving a breach of duty by one person towards another.

Negligence (Tort)

A type of tort where a duty of care is owed, breached, and causes damage.

Duty of Care

The legal obligation one person has towards another to act in a certain way to avoid foreseeable harm.

Breach of Duty

Failing to meet the standard of care expected from somebody acting reasonably.

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Damage (Negligence)

Loss, harm, or injury caused by the negligence of the other party.

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Tort vs. Criminal Law

Torts are civil wrongs, while criminal law involves breaches of laws that harm the society as a whole.

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Tort vs. Contract Law

Torts deal with harmful actions, while contracts outline agreed-upon obligations between parties.

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Donoghue v Stevenson

Landmark case establishing the neighbour principle, broadening the concept of duty of care.

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Proximity in Negligence

A necessary connection between the defendant's actions and the plaintiff's harm.

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Burdensome duty

A duty that is difficult or costly to fulfill.

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Reasonable Man Test (RMT)

A way to determine if a defendant acted as a reasonable person would in a similar situation.

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Res Ipsa Loquitur

The thing speaks for itself; a legal principle where the accident's obvious nature implies negligence.

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Burden of Proof (Plaintiff)

The responsibility of the plaintiff to prove the elements of their claim in a civil case.

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Negligence

Failure to take reasonable care which results in harm to someone else.

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Civil Case Burden of Proof

The plaintiff must prove their claim in a civil case — the legal burden rests on the plaintiff, not the defendant.

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But-For Test

A test used to determine if a defendant's negligence was the cause of a plaintiff's damage. It asks: 'Would the damage have happened if the defendant hadn't acted negligently?'

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Factual Causation

The element of negligence showing that a defendant's action directly led to the plaintiff's loss.

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Negligent Act

An action that violates a duty of care and causes harm or injuries.

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Reasonable Foreseeability Test

The test for determining the extent of a defendant's liability for harm. It asks if the harm was foreseeable as a consequence of the actions.

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Barnett v Chelsea Hospital

A case where the court found that even if the defendant had acted, the harm would have occurred regardless, so there was no factual causation.

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Fitzgerald v Lane

A case where more than one defendant caused harm, and both were held liable because both contributed materially to the harm.

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Material Contribution

A situation where two or more parties' actions have together caused a harm.

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Remoteness of Damage

The extent (or limits) of harm or damage for which a negligent party is responsible.

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Reasonable Foreseeability

The legal principle that a defendant is liable for damages that were a reasonably foreseeable consequence of their negligent actions at the time of the breach.

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Wagon Mound (No. 1)

A landmark case that established the reasonable foreseeability test for determining the scope of liability in negligence.

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Novus Actus Interveniens

A new intervening act that breaks the chain of causation, meaning the defendant is not liable for the damage caused after the intervening event.

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Intervening Event Example

A sudden act of nature, like a lightning strike, that significantly disrupts the original course of events caused by negligence.

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Intervening Factor

An event or action that occurs after the initial negligence, but may not completely break the chain of causation. It may still contribute to the overall damage.

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Pure Economic Loss

Financial loss caused by the negligence of another, but not due to physical injury to a person or property.

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Volenti Non Fit Injuria

A defense to negligence where the plaintiff voluntarily assumed the risk of harm, therefore waiving the right to sue for damages.

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Consent to Risk

The plaintiff's voluntary acceptance of the risk, often a defense to negligence.

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Ex turpi causa non oritur actio

It means 'No action arises from a base cause.' If someone's actions are illegal or immoral, they can't sue for harm they suffer as a result.

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Contributory Negligence

When the injured person's own carelessness contributes to their injury, the defendant's liability can be reduced.

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Nominal Damages

A small amount of money awarded when the court finds the defendant liable, but there's no actual loss or harm.

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Aggravated Damages

Compensation awarded to cover emotional distress and suffering caused by the defendant's actions, beyond the actual harm.

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Study Notes

Business Law (BLM1007) - Topic 2: Law of Torts (Negligence)

  • Torts: Civil wrongs, governing behaviour between individuals. A person can seek recourse against wrong acts.
  • Torts vs. Crime: Torts involve wrongs against individuals, while crimes are offences against the state.
  • Torts vs. Contract: Torts impose duties externally by law, while contracts are voluntarily made agreements between parties.
  • Negligence Elements:
    • Duty of care owed by one party to another.
    • Breach of that duty.
    • Damage caused by the breach.
  • Duty of Care: Legal duty to act reasonably. Established in Donoghue v Stevenson case.
  • Reasonable Person Standard: Objective standard for duty of care.
  • Proximity: Close relationship between parties, considered in determining duty of care.
  • Public Policy: Factors considered to determine if a duty of care should be imposed.
  • Breach of Duty: Failing to take reasonable care. Measured by the 'Reasonable Man Test'. Factors like age, special skills and general practice affect this test.
  • Damage: Injury, loss or damage caused by the breach of duty.
  • Causation ('But For' Test): Damage must be linked to the breach.
    • "Would the damage have happened but for the defendant's negligence?"
  • Remoteness of Damage: Unforeseeable damage may not be attributed to the defendant.
  • Novus Actus Interveniens: Intervening event can break the causal chain.
  • Pure Economic Loss: Loss of money or profit, without physical damage, is usually not recoverable.
  • Defences to Negligence:
    • Volenti non fit injuria: Plaintiff consented to the risk.
    • Ex turpi causa non oritur actio: Plaintiff engaged in criminal activity.
    • Contributory Negligence: Plaintiff's own negligence contributed to harm. Court often reduces the damages paid.

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Business Law (BLM1007) Tort of Negligence Notes PDF

Description

Explore the essential concepts of the law of torts, particularly focusing on negligence as outlined in Business Law (BLM1007). This quiz covers the distinction between torts and crimes, the elements of negligence, and the principles of duty of care. Test your understanding of these foundational legal concepts!

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