Negligence in Tort Law

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Questions and Answers

What does the doctrine of res ipsa loquitur allow a plaintiff to do?

  • Require a witness to testify
  • Only claim damages for physical injuries
  • Dismiss a case without any evidence
  • Establish negligence without direct evidence (correct)

In the context of medical negligence, what is required to imply the negligence of defendants?

  • A signed waiver from the patient
  • Proof of direct negligence by the medical staff
  • An accident that provides reasonable evidence (correct)
  • A second opinion from another physician

Which of the following best describes the 'last opportunity rule'?

  • The plaintiff has no chances of receiving compensation
  • The defendant who had the last chance to avoid harm is liable (correct)
  • Injuries must be directly caused by the defendant's actions
  • Defendants are typically exonerated with good behavior

What is implied by the term 'neighbour principle' in negligence law?

<p>You owe a duty of care to those who could reasonably be affected by your actions (C)</p> Signup and view all the answers

Which statement is accurate concerning the remoteness of consequences in negligence claims?

<p>The mischief of a third party can be a proximate cause in negligence claims. (C)</p> Signup and view all the answers

What might the doctrine of alternative danger allow a defendant to argue?

<p>That multiple potential causes exist, complicating proximate cause (A)</p> Signup and view all the answers

In a scenario where a malfunctioning elevator causes injuries, what must the defendant demonstrate under res ipsa loquitur?

<p>A plausible explanation for why the incident occurred (A)</p> Signup and view all the answers

What is a common misconception regarding establishing negligence using res ipsa loquitur?

<p>The nature of the accident itself can indicate negligence. (C)</p> Signup and view all the answers

What can the Last Clear Chance Doctrine assert in a negligence case?

<p>The defendant can show the plaintiff had the opportunity to avoid harm. (C)</p> Signup and view all the answers

In the case of Davies v. Mann, who was ultimately found to have had the last clear opportunity to prevent the accident?

<p>The defendant driving the wagon (B)</p> Signup and view all the answers

What principle does the Law Reform (Contributory Negligence) Act 1945 rely on when determining damages?

<p>Percentage-based liability (A)</p> Signup and view all the answers

In Yachuk v. Oliver Blias, what was the primary reason the court determined there was no contributory negligence on the part of the child?

<p>The child was too young to understand the consequences. (A)</p> Signup and view all the answers

Which statement best describes composite negligence?

<p>The negligence of two or more persons contributes to a third person's damage. (D)</p> Signup and view all the answers

What is the effect of contributory negligence on the plaintiff's damages?

<p>Damages are reduced based on the plaintiff's share of responsibility. (D)</p> Signup and view all the answers

How does the Last Clear Chance Doctrine differ from traditional negligence principles?

<p>It allows defendants to argue the plaintiff had an opportunity to avoid harm. (A)</p> Signup and view all the answers

What could be a potential consequence of the court's recognition of contributory negligence in children?

<p>Damages differ based on the child's ability to understand. (B)</p> Signup and view all the answers

What is the Doctrine of Alternative Danger primarily concerned with?

<p>Allowing plaintiffs to recover damages after taking alternative risks due to a defendant's actions. (D)</p> Signup and view all the answers

Under the Last Clear Chance Doctrine, who carries the burden of preventing the accident?

<p>The last party that had the opportunity to avert the accident. (C)</p> Signup and view all the answers

In which situation can a plaintiff recover damages despite their own negligence?

<p>If their response involved taking an alternative risk due to the defendant’s actions. (A)</p> Signup and view all the answers

What does the principle of negligence imply in a scenario involving two negligent parties?

<p>The Last Clear Chance Doctrine applies to determine liability. (D)</p> Signup and view all the answers

What consequence does the Doctrine of Res Ipsa Loquitur have in a negligence case?

<p>It relieves the plaintiff from proving the defendant's negligence. (B)</p> Signup and view all the answers

Which scenario best illustrates the principle of the Doctrine of Last Clear Chance?

<p>A driver brakes suddenly to avoid hitting a swerving motorcycle just before the accident. (C)</p> Signup and view all the answers

Which of the following is a characteristic of the neighbors principle in tort law?

<p>It focuses on the relationship between individuals and their impact on others. (C)</p> Signup and view all the answers

Which outcome can occur when the Doctrine of Alternative Danger is applicable?

<p>The plaintiff may recover damages even after taking a risk to protect themselves. (B)</p> Signup and view all the answers

Flashcards

Doctrine of Alternative Danger

A legal principle where a plaintiff can recover damages even if they took a risk to escape a dangerous situation caused by the defendant's negligence. This applies if the plaintiff's actions were reasonable and necessary to avoid the danger.

Last Clear Chance Doctrine

This doctrine applies when both plaintiff and defendant were negligent, but the defendant had the final opportunity to prevent the accident. Under this doctrine, even a slightly negligent plaintiff might recover damages.

Duty of Care

This is the legal obligation to exercise a reasonable standard of care to prevent injury to others. Failure to meet this standard leads to negligence.

Negligence

Negligence occurs when someone breaches their duty of care, causing harm to another person. This can include driving recklessly, failing to warn of a dangerous situation, or providing inadequate care.

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Contributory Negligence

A plaintiff who is found to be even slightly negligent might be completely barred from recovering damages. This is a legal principle that reduces or bars compensation depending on the level of the plaintiff's fault.

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Last Clear Chance as a Defense

A defense used by the defendant to argue that the plaintiff could have prevented the accident, even after the defendant's negligence.

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Percentage Share (Contributory Negligence)

The principle where both plaintiff and defendant share responsibility for the harm caused, and the plaintiff's damages are reduced proportionally to their negligence.

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Contributory Negligence of Children

Children may not fully understand or appreciate the risks, making it difficult to establish contributory negligence.

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Contributory Negligence: Child's Low Negligence

Cases where a child's negligence is considered too low to be attributed to the harm they suffered.

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Composite Negligence

Occurs when the negligence of multiple individuals contributes to the same damage suffered by a third person.

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Calculating Damages in Contributory Negligence Cases

The amount of damages recovered by a plaintiff is reduced based on their contributory negligence, determined by the court as just and equitable.

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Remoteness of Consequences

A legal defense arguing that the defendant's actions were too far removed from the harm caused, breaking the chain of causation.

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Proximate Cause

The most immediate and direct cause of harm, often the most recent event in a chain of events.

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Remote Cause

An event or action that is considered to be indirect or a less immediate cause of harm.

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Res Ipsa Loquitur

A legal doctrine that allows a plaintiff to prove negligence without directly proving the defendant's actions caused the harm, based on the unusual and highly improbable nature of the event.

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Medical Negligence Under Res Ipsa Loquitur

A legal doctrine that can be applied when a plaintiff suffers an unusual injury while unconscious during medical treatment. The defendants who controlled the plaintiff or the instruments used during the treatment are responsible for providing an explanation of their conduct.

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The Accident Itself Affords Reasonable Evidence

The unusual injury itself provides evidence of negligence.

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It Makes the Plaintiff’s Prima Facie Case

The circumstances of the accident provide enough evidence to establish a preliminary case of negligence.

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Defendants Must Explain Their Conduct

The defendant must provide a reasonable explanation for their actions.

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Study Notes

Negligence

  • Negligence is the breach of a legal duty to take care that results in undesired damage to another person.
  • Negligence is a tort, meaning a civil wrong.
  • According to Winfield, negligence as a tort is the breach of a legal duty to take care that results in damage to the plaintiff.

Essentials of Negligence

  • A legal duty to exercise due care exists on the part of the defendant toward the plaintiff.
  • The defendant's conduct must be within the scope of the duty owed.
  • Consequential damages must have occurred.

Duty of Care

  • The existence of a duty to take care is essential before holding a person liable for negligence.
  • Foreseeability and proximity are important considerations for establishing a duty of care.
  • Lord Atkin established foreseeability and proximity in the Donoghue v. Stevenson case. In this case, the manufacturer of a bottle of ginger beer was held liable to the consumer, who fell sick after consuming the product.

Breach of Duty

  • The standard of care expected depends on the circumstances and the nature of the relationship between the parties.
  • Professionals face a higher standard of care, judged against a reasonable professional's conduct.

Damages

  • The breach of duty must have caused actual damages to the plaintiff.
  • Damages must be directly foreseeable, not too remote, to hold the defendant liable.

Remoteness of Damages

  • Damages are considered too remote if there is a significant gap between the defendant's actions and the resulting harm, or if the harm is highly unusual and unforeseeable.
  • The case of Scott v Shepherd established that if one person throws something and it leads to another's harm, it is foreseeable.
  • The defendant's actions could not reasonably foresee the extent of the harm, they may still be liable for it if the damage was a direct consequence of their action.

Test of Reasonable Foresight

  • The test for determining whether damage is too remote is often based on the principle of reasonable foreseeability.
  • A defendant can only be held liable for consequences a reasonable person in the circumstances of the wrongdoer could have foreseen.
  • The consequences of the defendant's actions must be reasonably foreseeable in order to establish liability.

Test of Directness

  • A person is liable for all the direct consequences of a wrongful act.
  • It is not necessary to establish reasonable foreseeability of the result; rather, the focus is on the direct connection between the wrongful act and the harm.
  • The directness test has been criticized and rejected in favour of the reasonable foreseeability test.

Contributory Negligence

  • If a plaintiff's actions contribute to the injury, their damages may be reduced or even eliminated through contributory negligence.
  • The plaintiff may be held responsible for some percentage of the harm if they could/should have been more careful.
  • A plaintiff's prior negligence does not entirely eliminate the need for a defendant to act responsibly.

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