Duty of Care in Negligence Law
18 Questions
1 Views

Choose a study mode

Play Quiz
Study Flashcards
Spaced Repetition
Chat to lesson

Podcast

Play an AI-generated podcast conversation about this lesson

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

    More Like This

    Law & Ethics
    21 questions

    Law & Ethics

    StateOfTheArtSnowflakeObsidian avatar
    StateOfTheArtSnowflakeObsidian
    Negligence and Duty of Care Quiz
    21 questions
    Tort Law
    185 questions

    Tort Law

    ModernAcer avatar
    ModernAcer
    Negligence Law and Duty of Care
    50 questions

    Negligence Law and Duty of Care

    InterestingAstrophysics avatar
    InterestingAstrophysics
    Use Quizgecko on...
    Browser
    Browser