22 Questions
What is a key difference between a tort and a crime?
A tort is a civil wrong, while a crime is a wrong against the community.
What is the core idea of negligence?
To ensure people exercise reasonable care to avoid foreseeable harm to others.
What is the element of negligence that requires a causal link between the breach of duty and the damage suffered?
Causation
What is the minimum standard of care required of a registered nurse?
The minimum expected standard of a registered nurse.
What type of tort involves a failure to provide adequate advice?
Tort of negligent advice
What is the term for the liability of an employer for the actions of their employees?
Vicarious liability
What is the minimum requirement for a person to be considered negligent in failing to take precautions?
The risk of harm was significant and a reasonable person would have taken those precautions
What is the main purpose of the 'good Samaritan principle'?
To protect rescuers from legal liability if they come to the aid of a person in need
What is required for a successful claim for damages in a negligence case?
A causal link between the breach of duty and the damage suffered
What is an example of a defence to negligence?
Voluntary assumption of risk
What is the usual remedy for negligence with damage or injury?
Damages (usually money)
What is required for a person to be liable for harm caused to another?
The person breached their duty of care and the harm was foreseeable
What is factual causation in the context of negligence?
The negligence was a necessary condition of the occurrence of the harm
What is the 'scope of liability' in the context of negligence?
The person's liability is extended to the harm caused
What is an example of 'pure mental harm' in the context of negligence?
Psychiatric injury or disease
What is the main difference between a rescuer and a nurse in the context of the 'good Samaritan principle'?
A nurse is not legally obliged to render assistance but will be held to a higher standard
When does the duty of care owed to a patient commence?
When the patient presents to the emergency department
What is the minimum reasonable standard of care expected from a nurse?
The standard of care expected by a peer professional
Who does a nurse owe a duty of care to?
The patient and others who may be affected by the patient's care
When does the duty of care owed to a patient end?
When all acts have been completed and have been reasonable
What is a key principle in determining if a duty of care is owed?
The neighbour principle
Who can be owed a duty of care by a nurse in a mental health setting?
Third parties who may be injured by mentally ill patients
Assess your knowledge of the legal implications of negligence and the consequences of breaching a duty of care. This quiz covers personal injury, property damage, and economic loss resulting from a breach of duty.
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