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?

The minimum expected standard of a registered nurse. (C) Signup and view all the answers

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

Tort of negligent advice (B) Signup and view all the answers

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

Vicarious liability (C) Signup and view all the answers

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 (D) Signup and view all the answers

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 (C) Signup and view all the answers

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 (B) Signup and view all the answers

What is an example of a defence to negligence?

Voluntary assumption of risk (D) Signup and view all the answers

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

Damages (usually money) (D) Signup and view all the answers

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 (A) Signup and view all the answers

What is factual causation in the context of negligence?

The negligence was a necessary condition of the occurrence of the harm (A) Signup and view all the answers

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

The person's liability is extended to the harm caused (A) Signup and view all the answers

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

Psychiatric injury or disease (C) 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'?

A nurse is not legally obliged to render assistance but will be held to a higher standard (C) Signup and view all the answers

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

When the patient presents to the emergency department (A) Signup and view all the answers

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

The standard of care expected by a peer professional (C) Signup and view all the answers

Who does a nurse owe a duty of care to?

The patient and others who may be affected by the patient's care (B) Signup and view all the answers

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

When all acts have been completed and have been reasonable (D) Signup and view all the answers

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

The neighbour principle (D) Signup and view all the answers

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 (A) Signup and view all the answers

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