Law of Torts in Common Law
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Questions and Answers

What is the main principle discussed by Lord Hopkin regarding duty of care?

  • Contractual obligation
  • Consumer protection law
  • Public safety regulation
  • Proximity test (correct)

    • The neighbor principle implies that manufacturers have no duty of care to consumers.

    False

    What does the term 'neighbor' refer to in the context of law?

    Anyone who can be affected by your actions

    The tort of negligence was initially foreseeable only in ______________ or public duties.

    <p>specific professions</p> Signup and view all the answers

    Match the following terms with their definitions:

    <p>Duty of Care = Responsibility to avoid harming others Proximity Test = Evaluation of direct relationships between parties Negligence = Failure to take reasonable care MacPherson v. Buick Motor Co. = Case cited by Lord Hopkin for establishing duty of care</p> Signup and view all the answers

    What must a manufacturer ensure to avoid negligence regarding their products?

    <p>They must check for defects and safe storage</p> Signup and view all the answers

    Lord Hopkin's principle of duty of care applies strictly to manufacturers.

    <p>True</p> Signup and view all the answers

    What was the legal status of manufacturer responsibility before the proximity test was established?

    <p>There was no responsibility for manufacturers regarding consumers.</p> Signup and view all the answers

    What principle does the French system of tort law emphasize?

    <p>All damages should be compensated</p> Signup and view all the answers

    In the case discussed, Mr. Macpherson's compensation claim against Buick was based on a direct relationship between him and the company.

    <p>False</p> Signup and view all the answers

    What is the general tort established after the Donoghue v Stevenson case?

    <p>tort of negligence</p> Signup and view all the answers

    The French principle 'Nenimem Laedere' translates to '__________'.

    <p>to harm no one</p> Signup and view all the answers

    Which of the following is NOT a condition of responsibility in tort law?

    <p>Intentional act</p> Signup and view all the answers

    The German approach to tort law is considered more typical than the French model.

    <p>True</p> Signup and view all the answers

    In common law systems, problems are typically identified first, followed by attempts to find a _________.

    <p>solution</p> Signup and view all the answers

    What is one of the types of trespass related to personal injuries?

    <p>Trespass to Persons</p> Signup and view all the answers

    The writ of trespass can only protect damages caused by violent actions.

    <p>True</p> Signup and view all the answers

    What relationship is significant for torts linked to negligence?

    <p>Trust relationship</p> Signup and view all the answers

    The tort of _______ can be a criminal offense.

    <p>Libel</p> Signup and view all the answers

    Match the type of writ with its related action:

    <p>Writ of Persons = Robbery Writ of Goods = Theft Writ of Trespass upon the Case = Negligence Writ in Consimili Casu = Similar Cases</p> Signup and view all the answers

    Which of the following best describes the primary requirement for a writ of trespass?

    <p>Damage caused must be linked to physical force</p> Signup and view all the answers

    What term is used in civil law tradition equivalent to the law of torts in common law?

    <p>Civil liability</p> Signup and view all the answers

    Negligent actions can activate compensation regardless of the relationship between the parties involved.

    <p>False</p> Signup and view all the answers

    The law of torts includes both contractual and non-contractual liabilities.

    <p>False</p> Signup and view all the answers

    What type of trespass is associated with safeguarding goods in a hotel?

    <p>Keeper</p> Signup and view all the answers

    What landmark case originated the general tort of negligence?

    <p>Donoghue v Stevenson</p> Signup and view all the answers

    In common law, there is not only one general law of tort but ___ law of torts.

    <p>plural</p> Signup and view all the answers

    Match the following legal concepts with their definitions:

    <p>Tort = Non-contractual liability for damages Contract = Obligation arising from an agreement Negligence = Failure to take proper care in doing something Civil Liability = Legal responsibility for harm done to another</p> Signup and view all the answers

    Which of the following best describes the relationship between tort and contract?

    <p>They can involve the same facts but lead to different types of compensation.</p> Signup and view all the answers

    The German system refers to its tort law as the '___ System'.

    <p>Typical</p> Signup and view all the answers

    In cases involving both tort and contract, compensation can be claimed for both.

    <p>False</p> Signup and view all the answers

    What action can be activated if a belonging is stolen?

    <p>Writ of trespass upon the case</p> Signup and view all the answers

    Writ of trespass upon the case is applicable only for violent acts.

    <p>False</p> Signup and view all the answers

    What duty arose from the evolution of the writ of trespass upon the case?

    <p>Duty of care</p> Signup and view all the answers

    The writ of trespass was created in the _____ century.

    <p>12th</p> Signup and view all the answers

    Which of the following describes the relationship between tort law and criminal law in the context of theft?

    <p>Theft is a criminal offense but also gives rise to compensation for damages.</p> Signup and view all the answers

    What is the burden of proof in a tort of negligence case?

    <p>Easier for the plaintiff</p> Signup and view all the answers

    Tort of negligence applies when damages arise from _____ action.

    <p>negligent</p> Signup and view all the answers

    What is considered a breach of duty of care in negligence?

    <p>Failure to act in the interest of safety</p> Signup and view all the answers

    In the case of Donoghue v Stevenson, Mrs. Donoghue was able to sue the bartender directly.

    <p>False</p> Signup and view all the answers

    What year was the landmark case Donoghue v Stevenson decided?

    <p>1932</p> Signup and view all the answers

    The defendant must prove that the damage was not caused by his ____.

    <p>action</p> Signup and view all the answers

    What aspect did the House of Lords focus on regarding the manufacturer's duty in Donoghue v Stevenson?

    <p>Checking for possible defects</p> Signup and view all the answers

    Match the following elements of negligence with their descriptions:

    <p>General Duty of Care = Obligation to act in the interest of others' safety Breach of Duty = Failure to meet the expected standard of care Non-Remoteness of Damage = Direct consequence of the defendant's actions required for liability Damage = Actual loss or injury suffered by the plaintiff</p> Signup and view all the answers

    The case of Donoghue v Stevenson established the necessity for a general duty of care across all individuals in society.

    <p>True</p> Signup and view all the answers

    Who was the manufacturer that Mrs. Donoghue could sue in her case?

    <p>The beer manufacturer</p> Signup and view all the answers

    Study Notes

    LAW OF TORTS IN COMMON LAW

    • The concept of torts is part of common law, equivalent to civil liability in civil law systems
    • A tort is a non-contractual responsibility arising from a person's actions that cause harm to another
    • Torts can be based on a specific duty or not
    • Today, there is a general tort of negligence (originating from Donoghue v Stevenson), but historically, common law used a system of various torts based on harm, not a single definition
    • Whenever there is harm, there must be a corresponding tort
    • In contrast to civil law systems, which often have a general definition of civil liability, common law has a more case-by-case approach to torts.

    RELATIONSHIP BETWEEN TORT AND CONTRACT

    • Obligations arising from a contract and those arising from wrongful conduct (tortious conduct) are sometimes intertwined

    FUNCTION OF TORT: COMPENSATING DAMAGES

    • The function of tort is to compensate victims for damages they have suffered
    • Criminal law and tort law can overlap, as victims' heirs can sometimes participate in criminal proceedings or civil actions related to damages.

    TORT OF NUISANCE

    • This tort, developed around the 13th century, relates to actions impacting someone's land
    • The actions are connected to a writ (legal procedure) enforced by a court

    TORT OF DISTURBANCE

    • Involves damage to an individual
    • A close connection exists between civil and criminal law in this classification

    TORT OF LIBEL

    • This tort can also be a criminal offense

    WRIT OF TRESPASS

    • This is a general tort related to actions that cause damage (to persons, goods, or land)
    • Can lead to a criminal offense depending on the specific damage

    WRIT OF PERSONS (ROBBERY/BEATING)

    • The writ of trespass requires some form of physical force or intentional injury

    WRIT OF GOODS (THEFT)

    • The writ of trespass for goods requires the use of physical force

    WRIT IN CONSILI CASU

    • Covers situations mirroring similar but not identical cases
    • The writ of trespass traditionally focused on violent acts or direct interference.
    • Later legal thinking developed around negligence.

    TORT OF NEGLIGENCE

    • Negligence is a significant tort, encompassing unintentional harm caused to another person
    • Proof is easier to establish in negligence cases compared to other torts; the burden of proof shifts from the plaintiff to the defendant.

    GENERAL DUTY OF CARE

    • The concept of a general duty of care, developed over time, establishes a fundamental responsibility for people in a community not to cause harm to others
    • In France this is often expressed as harming no one (nemimin laedere)
    • The duty of care was eventually recognized in the "Donoghue v Stevenson" ruling that established that manufacturers have a duty to consumers (the "neighbour principle").

    REQUIREMENTS FOR ACTIVATING THE TORT OF NEGLIGENCE

    • The plaintiff should establish a duty of care to prevent negative effects, damage occurred, and a link between the harm and the defendant's actions.

    LAW OF TORTS IN CIVIL LAW

    • Civil law systems (specifically French and German) have a general principle of compensating for all damages (caused by a person's conduct).

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    Description

    This quiz explores the concept of torts within common law, focusing on non-contractual responsibilities that arise from harmful actions. It examines the interplay between tort and contract law, as well as the compensatory function of torts for victims of damages. Dive into case law and the historical approach of torts contrasted with civil law systems.

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