Duty of Care in Negligence Law
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Questions and Answers

What is the ultimate nature of duty of care?

  • It is a social responsibility
  • It is a question of morality
  • It is a legal concept treated as a question of law (correct)
  • It is a financial obligation
  • What approach has been preferred in modern times for assessing duty of care?

  • Emotional approach
  • Objective approach (correct)
  • Subjective approach
  • Religious approach
  • How do courts approach the assessment of duty of care?

  • Subjectively, based on personal beliefs
  • Objectively, based on what is fair, just, and reasonable (correct)
  • Based on religious principles
  • Based on emotional responses
  • What was the guiding principle post-Donoghue case regarding duty of care?

    <p>Neighbour principle</p> Signup and view all the answers

    What do courts consider in determining the existence of a duty of care situation?

    <p>What is fair, just, and reasonable</p> Signup and view all the answers

    In what context have the rules for discharging the question of duty been applied?

    <p>In all duty of care situations irrespective of party classification</p> Signup and view all the answers

    What was one of the main reasons judges were initially reluctant to accept the principle of duty of care as a general rule in negligence law?

    <p>Fear of opening the floodgates of litigation</p> Signup and view all the answers

    Which case exemplified the reluctance of judges towards accepting the duty of care principle as a general rule?

    <p>Weller v Foot and Mouth Research Institute</p> Signup and view all the answers

    In the absence of precedents, how did judges formulate the existence of a duty of care in completely novel situations?

    <p>Based on policy considerations</p> Signup and view all the answers

    Which approach has been criticized for potentially stifling the development of law in determining the existence of a duty of care?

    <p>Relying solely on policy reasons</p> Signup and view all the answers

    What is a distinguishing advantage of establishing duty of care in novel situations through policy reasons?

    <p>Creation of new duties of care</p> Signup and view all the answers

    What foundational concept did judges resort to when determining a duty of care in situations where no precedents existed?

    <p>Neighbour principle</p> Signup and view all the answers

    What were the 2 things that the courts looked at to determine the existence of a duty of care?

    <p>Nature of the interest and type of injury</p> Signup and view all the answers

    What is a key principle underlying duty arising from public office?

    <p>Confidence reposed in the officer</p> Signup and view all the answers

    In the context of legal duty, a duty exists when:

    <p>A reasonable person would foresee potential harm</p> Signup and view all the answers

    What is the significance of control of dangerous things in determining legal duty?

    <p>It helps establish precedents for duty situations</p> Signup and view all the answers

    What is one key aspect that must be present for an injury to be considered actionable under negligence law?

    <p>Foreseeability by a reasonable person</p> Signup and view all the answers

    The modern standard for determining the existence of a duty of care involves:

    <p>Foreseeability and protection of legally protected interests</p> Signup and view all the answers

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