Law of Tort & Negligence

Podcast

Play an AI-generated podcast conversation about this lesson

Download our mobile app to listen on the go

Get App

Questions and Answers

Which of the following best describes the relationship between tort law and criminal law?

Tort law is a subset of criminal law, dealing with crimes against individuals.
Tort law and criminal law are interchangeable terms for the same legal principles.
Criminal law is a subset of tort law, focusing on intentional torts.
Tort law addresses civil wrongs, while criminal law addresses wrongs against the state. (correct)

In a negligence case, proving that the defendant owed a duty of care to the plaintiff is sufficient to establish liability.

False (B)

Explain the 'neighbour principle' and illustrate its significance in establishing a duty of care in negligence cases.

The 'neighbour principle' establishes that a duty of care is owed to anyone who could be closely and directly affected by one's actions or omissions. Its significance lies in broadening the scope of those to whom a duty is owed, thereby compelling individuals to consider the foreseeable consequences of their actions on others.

In a negligence claim, the element that requires the plaintiff to demonstrate a direct link between the defendant's breach of duty and the harm suffered is known as ______.

causation Signup and view all the answers

Match each element of negligence with its corresponding definition:

Duty of Care = The legal obligation to avoid acts or omissions that could reasonably be foreseen to injure others. Breach of Duty = Failure to conform to the required standard of care. Causation = A direct link between the defendant's breach and the plaintiff's injuries or damages. Damages = Actual loss or harm suffered by the plaintiff. Signup and view all the answers

Which of the following scenarios would most likely be considered a tort?

Disclosing confidential information that damages someone's reputation. (A) Signup and view all the answers

The primary remedy in tort law is always punitive damages aimed at punishing the wrongdoer.

False (B) Signup and view all the answers

Explain why it is important for a potential litigant to consider the risk of losing a civil case, particularly in the context of the Law of Tort.

It's crucial to consider the risk of losing due to the potential financial burden of covering the opposing party's legal costs, which can be substantial and outweigh the initial claim. This requires a careful evaluation of the case's merits and available evidence. Signup and view all the answers

The concept that private parties have the autonomy to decide whether to bring a case to civil courts, reflecting the nature of civil law, is known as ______.

private law Signup and view all the answers

Match the following elements to the types of law they fall under:

Law of Contract = Civil Law Consumer Law = Civil Law Employment Law = Civil Law Family Law = Civil Law Signup and view all the answers

Which outcome is the general reason for judgements within the Law of Tort?

To impose a settlement via compensation. (C) Signup and view all the answers

If one element of duty, breach, damage, or causation cannot be proven, the tort of negligence can still be successful.

False (B) Signup and view all the answers

What factors were influential in finding that the manufacturer owed the plaintiff a duty of care?

The manufacturer was held responsible because they knew, or should have known that the plaintiff would consume the beer without inspection and could therefore be directly affected if the product was contaminated. Signup and view all the answers

According to the 'neighbour principle', a duty of care is owed to people that are considered closely and directly affected by actions or omissions that are called into ______.

question Signup and view all the answers

Match the descriptions to the type of Law it describes:

Private Law = Law of Tort Contract Law = Private Law Commercial Law = Private Law Employment Law = Private Law Signup and view all the answers

Which civil law category directly involves harm one party inflicts on another, especially damage to property, person, or character?

Law of Tort (A) Signup and view all the answers

In civil court actions involving personal injury claims, a claimant aims to disprove negligence by the defendant to be awarded damages (compensation).

False (B) Signup and view all the answers

Describe the implications of 'intermediate inspection'.

If a product undergoes inspection between the manufacturer and consumer which might have detected the fault, the manufacturer might not be held liable, since the duty to inspect and prevent harm could shift. Signup and view all the answers

The 'neighbour principle' is vital for establishing the existence of a ______ in negligence cases.

duty of care Signup and view all the answers

Match the terms with their correct definition regarding negligence.

Plaintiff = Person suing. Defendant = Party being sued. Duty of Care = Obligation to avoid careless acts which could cause harm. Breach of Duty = Failure to meet the required standard of care. Signup and view all the answers

Flashcards

What is a Tort?

A civil wrong, not a criminal wrong.

What does the Law of Tort include?

Includes Defamation & Negligence.