Introduction to Tort Law

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Questions and Answers

What is the primary focus of tort law?

Compensation for the victim (correct)

Enforcement of contracts

Punishment of the wrongdoer

Allocation of insurance costs

Which type of tort does NOT consider the fault of the tortfeasor?

Intentional torts

Strict liability (correct)

Criminal acts

Negligence

Why might insurance play a significant role in tort law?

Insurance determines who is at fault in an accident

Insurance guarantees full compensation for all accidents

Insurance removes the need for corrective justice

It spreads the financial burden across many individuals (correct)

What is the concept of normative equilibrium in tort law?

A balance that exists until an accident disrupts it Signup and view all the answers

What is an example of an intentional tort?

Defamation of character Signup and view all the answers

Which of the following theories of tort law focuses on restoring balance to victims?

Corrective justice Signup and view all the answers

Which legal principle was established by the case Rylands v. Fletcher?

Strict liability applies to the accumulation of hazardous materials Signup and view all the answers

What is a common challenge related to the allocation of costs in tort law?

Ensuring that victims are fully compensated without exception Signup and view all the answers

What does the primary duty in fault based liability involve?

Protecting against potential harm to others Signup and view all the answers

Which element must be established to prove negligence?

Breach of duty Signup and view all the answers

What happens if no negligence is found in a situation involving an accident?

The victim absorbs the costs Signup and view all the answers

Which principle is associated with the establishment of manufacturers' liability?

The Neighbour Principle Signup and view all the answers

What aspect of negligence does causation refer to?

The relationship between harm and breach of duty Signup and view all the answers

What is the general consequence if a person fails to take reasonable care?

They are held liable for injuries caused Signup and view all the answers

Which statement best describes the scope of duty of care?

It can be established through various means, including statute Signup and view all the answers

What does the 'neighbour principle' necessitate in the context of negligence?

Avoiding acts or omissions that could foreseeably harm others Signup and view all the answers

What could trigger a political party to legislate and control the usage of dangerous animals?

Public perception of risk and political interests Signup and view all the answers

Which element is NOT part of a mixed system of justice as described?

Reparations for historical injustices Signup and view all the answers

What does the Accident Compensation Corporation in New Zealand primarily fund?

Treatment and rehabilitation for injuries Signup and view all the answers

How is liability primarily determined in the problem scenario involving A, B, and C?

By economic factors and potential negligence Signup and view all the answers

According to the cynic's perspective, what is the duty owed to a person in the context of harm?

A duty to compensate only after harm has occurred Signup and view all the answers

What percentage of claims had the Accident Compensation Corporation historically paid out for compensation of loss of earnings?

40 percent Signup and view all the answers

Which of the following is NOT mentioned as a function of insurance in the mixed system?

Health insurance for all citizens Signup and view all the answers

What is a defining feature of the no-fault scheme in New Zealand?

It allows for compensation without determining liability Signup and view all the answers

What is the primary focus of the duty of care according to Lord Goff in Smith v Littlewoods Organisations Ltd?

To identify where liability should not be imposed Signup and view all the answers

Which of the following is NOT one of the three elements of the Caparo test?

A pre-existing contract Signup and view all the answers

What is the significance of the case Hedley Byrne v Heller?

Created a duty of care for professionals making negligent statements. Signup and view all the answers

Which case extended liability to third parties under the neighbour principle?

Home Office v Dorset Yacht Co Ltd Signup and view all the answers

In determining liability, what must the claimant demonstrate regarding harm?

Harm was reasonably foreseeable Signup and view all the answers

What does the 'Anns Test' establish in the context of duty of care?

A sufficient relationship of proximity and absence of limiting factors. Signup and view all the answers

Which of the following cases is an example of addressing the duty of care principle?

All of the above Signup and view all the answers

In which decade was the Anns v Merton London Borough Council case decided?

1970s Signup and view all the answers

Which method does NOT help establish a duty of care?

Providing sufficient evidence of harm Signup and view all the answers

What was a key development regarding the duty of care after Donoghue v Stevenson?

Duty of care was found to exist primarily in relationships. Signup and view all the answers

In Murphy v Brentwood District Council, who sought to hold the accountants liable?

Shareholders Signup and view all the answers

What is generally assumed about establishing a duty of care in the context of liability?

There is a presumption against imposing a duty of care Signup and view all the answers

What did Lord Reid emphasize about the neighbour principle in Home Office v Dorset Yacht Co Ltd?

It ought to apply unless justified exclusion is present. Signup and view all the answers

What is the primary focus of the Assumption of Responsibility category?

To determine when a party has taken on a duty of care voluntarily. Signup and view all the answers

What role does 'proximity' play in the Caparo test?

It establishes a direct relationship between claimant and defendant Signup and view all the answers

Which concept describes the fundamental duty to avoid harm to those closely affected by one's actions?

The Neighbour Principle Signup and view all the answers

What principle did the case of Donoghue v Stevenson establish?

One must take reasonable care to avoid acts that could foreseeably harm others. Signup and view all the answers

In Winterbottom v Wright, why was no duty of care established between the driver and the maintenance contractor?

The two parties did not have a contract with each other. Signup and view all the answers

Which statement best reflects the courts' attitude towards cases lacking a duty of care outside of a contract?

Courts were generally reluctant to recognize a general principle of care. Signup and view all the answers

What event triggered the legal case of George v Skivington?

A faulty gun malfunctioned and injured a son. Signup and view all the answers

What does the term 'accidental costs lay where they fell' indicate?

Costs from accidents are typically not recoverable unless a contract exists. Signup and view all the answers

In legal terms, each person who must take reasonable care to avoid harm is known as a?

Neighbor Signup and view all the answers

What was the legal outcome for the claimant in the Donoghue v Stevenson case?

Succeeding due to the breach of an implied warranty. Signup and view all the answers

What change occurred in the courts' approach to negligence cases over time after early decisions?

They developed a principle to expand the duty of care incrementally. Signup and view all the answers

Study Notes

Tort Law Introduction

Tort law addresses harm-causing events like accidents, assigning costs to the responsible party.
Courts previously only imposed a duty of care with a contractual agreement.
Winterbottom v Wright (1842) established that a duty to the driver wasn't owed unless there is contractual agreement for the provision of the service.
Langridge v Levy (1837) broadened the law, holding manufacturers liable if they know a product is dangerous and intended for use by another party.
George v Skivington (1869) expanded the scope to misrepresentation in the sale of goods.
Courts were initially reluctant to enforce a general duty of care outside contractual relations. Case law initially favored defendants.
Donoghue v Stevenson (1932) shifted the focus, creating a 'neighbour principle'.

The Neighbour Principle

Duty to foresee harm to those closely affected by your actions.
Important for foreseeable harm, and the proximity of the victim.

Different Types of Torts

Negligence: failure to take reasonable care resulting in harm.
Strict liability: liability regardless of fault (e.g., product defects).
Intentional torts (e.g., assault, battery, defamation).

Theories of Tort Law

Corrective Justice: The party causing harm compensates the victim.
Distributive Justice: Broader societal concerns, sometimes involving third parties (e.g., insurance).
Ryan v Fletcher, concerned the accumulation of harmful substances.

Alternative Systems

New Zealand's Accident Compensation Corporation: no-fault system funding general taxation and employer levies.
Provides comprehensive support for injured parties, including rehabilitation and vocational retraining, compensation for lost earnings, lump-sum compensation, and support for dependents.

Problem Scenario

A carelessly acted and caused harm to a customer. The question is who should be liable for damages. This illustrates legal concepts of negligence and duty of care.

What is Negligence?

Evaluating costs when harm occurs.
Responsibility is usually personal, and includes the full cost of accidents.
If no negligence is found, the victim bears the cost.
Basic elements: duty of care, breach, causation.

Establishing a Duty of Care

Determining whether a responsibility exists to avoid harm to specific parties.

Development of Negligence (Tort Law)

Courts started to establish duties through individual cases.
Donoghue v Stevenson was a key case, introducing the principle of neighbourliness.
Later developments like the three-pronged test from Anns v. Merton London Borough Council and subsequent cases and legislation helped to shape tort law by focusing more on liability and duty of care.

Case Law - Examples

Anns v Merton London Borough Council (1978): codified a neighbour principle-based test.
Caparo Industries plc v Dickman (1990): introduced a three-part test for establishing a duty of care.

Caparo Test (Summary)

Foreseeable harm.
Proximity between parties
Fair, just, and reasonable to impose a duty of care.

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Description

This quiz introduces the fundamental concepts of Tort Law, including key cases that shaped its principles, such as the 'neighbour principle' established in Donoghue v Stevenson. Explore the evolution of duty of care, liability in negligence, and the court's stance toward manufacturers and service providers. Test your understanding of how these legal concepts apply to real-world situations.