Negligence and Breach of Duty of Care
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Negligence and Breach of Duty of Care

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Questions and Answers

What is a key difference between a tort and a crime?

  • A tort is a type of criminal law, while a crime is a type of civil law.
  • A tort is a civil wrong, while a crime is a wrong against the community. (correct)
  • A tort is a type of intentional harm, while a crime is a type of negligence.
  • A tort is a public law action, while a crime is a private law action.
  • What is the core idea of negligence?

  • To punish individuals for intentional harm.
  • To protect individuals from unforeseeable harm.
  • To ensure people exercise reasonable care to avoid foreseeable harm to others. (correct)
  • To provide compensation for harm caused by intentional acts.
  • What is the element of negligence that requires a causal link between the breach of duty and the damage suffered?

  • Causation (correct)
  • Breach of duty
  • Foreseeability
  • Duty of care
  • What is the minimum standard of care required of a registered nurse?

    <p>The minimum expected standard of a registered nurse.</p> Signup and view all the answers

    What type of tort involves a failure to provide adequate advice?

    <p>Tort of negligent advice</p> Signup and view all the answers

    What is the term for the liability of an employer for the actions of their employees?

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

    What is the minimum requirement for a person to be considered negligent in failing to take precautions?

    <p>The risk of harm was significant and a reasonable person would have taken those precautions</p> Signup and view all the answers

    What is the main purpose of the 'good Samaritan principle'?

    <p>To protect rescuers from legal liability if they come to the aid of a person in need</p> Signup and view all the answers

    What is required for a successful claim for damages in a negligence case?

    <p>A causal link between the breach of duty and the damage suffered</p> Signup and view all the answers

    What is an example of a defence to negligence?

    <p>Voluntary assumption of risk</p> Signup and view all the answers

    What is the usual remedy for negligence with damage or injury?

    <p>Damages (usually money)</p> Signup and view all the answers

    What is required for a person to be liable for harm caused to another?

    <p>The person breached their duty of care and the harm was foreseeable</p> Signup and view all the answers

    What is factual causation in the context of negligence?

    <p>The negligence was a necessary condition of the occurrence of the harm</p> Signup and view all the answers

    What is the 'scope of liability' in the context of negligence?

    <p>The person's liability is extended to the harm caused</p> Signup and view all the answers

    What is an example of 'pure mental harm' in the context of negligence?

    <p>Psychiatric injury or disease</p> Signup and view all the answers

    What is the main difference between a rescuer and a nurse in the context of the 'good Samaritan principle'?

    <p>A nurse is not legally obliged to render assistance but will be held to a higher standard</p> Signup and view all the answers

    When does the duty of care owed to a patient commence?

    <p>When the patient presents to the emergency department</p> Signup and view all the answers

    What is the minimum reasonable standard of care expected from a nurse?

    <p>The standard of care expected by a peer professional</p> Signup and view all the answers

    Who does a nurse owe a duty of care to?

    <p>The patient and others who may be affected by the patient's care</p> Signup and view all the answers

    When does the duty of care owed to a patient end?

    <p>When all acts have been completed and have been reasonable</p> Signup and view all the answers

    What is a key principle in determining if a duty of care is owed?

    <p>The neighbour principle</p> Signup and view all the answers

    Who can be owed a duty of care by a nurse in a mental health setting?

    <p>Third parties who may be injured by mentally ill patients</p> Signup and view all the answers

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