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?

Punitive damages Signup and view all the answers

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

No action arises from a base cause. Signup and view all the answers

What defines a tort in legal terms?

A civil wrong that allows for recourse Signup and view all the answers

What are the three essential elements of negligence?

Duty of care, breach, damage Signup and view all the answers

How does tort law differ from criminal law?

Tort law regulates personal duties between individuals Signup and view all the answers

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

If the damage would have occurred without the defendant's negligence Signup and view all the answers

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

Barnett v Chelsea Hospital Signup and view all the answers

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

Donoghue v Stevenson Signup and view all the answers

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

Contributory negligence Signup and view all the answers

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

When they materially contribute to the plaintiff's injury Signup and view all the answers

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

Harm must be directly caused by the breach Signup and view all the answers

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

To decide if the damages are too remote from the defendant's negligence Signup and view all the answers

What distinguishes tort law from contract law?

Tort law pertains to civil wrongs without agreements Signup and view all the answers

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

Both defendants were jointly liable Signup and view all the answers

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

Negligence due to police inaction Signup and view all the answers

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

That the breach caused the injury Signup and view all the answers

What represents a common misconception about negligence claims?

All negligent acts automatically make the defendant liable Signup and view all the answers

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

Factual causation of damages Signup and view all the answers

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

D was not liable due to lack of proximity. Signup and view all the answers

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

D failed to foresee the danger to blind individuals. Signup and view all the answers

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

The 'Reasonable Man' test. Signup and view all the answers

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

The thing speaks for itself. Signup and view all the answers

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

The plaintiff must prove all elements of their claim. Signup and view all the answers

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

The accident may be complex and involve multiple factors. Signup and view all the answers

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

They go without remedy. 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?

It is not feasible to catch every offender. 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?

The fire was deemed too remote and not foreseeable. Signup and view all the answers

What is the doctrine of novus actus interveniens concerned with?

Determining if an act of nature breaks the chain of causation. Signup and view all the answers

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

A plaintiff who consents to a risk cannot later claim damages. Signup and view all the answers

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

The unexpected chain of events leading to the fire. 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?

An earthquake occurs after D spills oil on P's property. Signup and view all the answers

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

Pure economic loss. Signup and view all the answers

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

The type of damage was reasonably foreseeable at the time of the breach. Signup and view all the answers

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

Liability is limited to damages that are foreseeable. Signup and view all the answers

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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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!