Tort Law and Negligence

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What is the primary consequence of failing to prove one 'limb' of a tort?

The tort is proved, but liability is reduced

The tort is proved, and liability is increased

The tort is partially proved

The tort cannot be proved (correct)

What is the term for a wrongful act or an infringement of a right leading to legal liability?

Tort (correct)

Vicarious liability

Duty of care

Negligence

What is the term for a situation where an employer is responsible for the actions of their employees?

Statutory Negligence

Chain of Causation

Vicarious liability (correct)

Non-delegable duty of care

What is the term for a duty of care that cannot be delegated to another person or entity?

Non-delegable duty of care Signup and view all the answers

What is the term for a breach of a duty of care that is mandated by law or profession?

Statutory/Professional Negligence Signup and view all the answers

What is the main distinction between tort law and criminal law?

One is a private matter, while the other is a public matter. Signup and view all the answers

What is the core idea behind the concept of negligence?

To hold individuals accountable for their careless actions. Signup and view all the answers

What is the key characteristic of negligence?

It involves carelessness, but not intentional harm. Signup and view all the answers

What is the relationship between tort law and criminal law?

They are two separate and distinct legal systems. Signup and view all the answers

What is the primary goal of tort law?

To compensate victims of wrongdoing. Signup and view all the answers

What is the primary requirement for a successful claim for damages in a negligence case?

The breach of duty was the direct cause of the damage Signup and view all the answers

What is the essential element that distinguishes negligent advice from mere incorrect advice?

The advice fell below an expected standard of care Signup and view all the answers

What is the primary purpose of establishing a duty of care in a negligence case?

To identify the standard of care expected of the defendant Signup and view all the answers

What is the critical factor in determining whether a defendant's breach of duty resulted in the plaintiff's injury?

The foreseeability of the injury Signup and view all the answers

What are the 4 limbs/elements of Tort of Negligence.

Established duty of Care. Breach of that duty. Injury or damage resulting from that breach. The injury/damage was foreseeable Signup and view all the answers

What is the primary purpose of establishing the foreseeability of injury in a negligence case?

To prove the causal link between the breach and damage Signup and view all the answers

What is the main distinction between a breach of duty and negligent advice?

The level of carelessness exhibited by the defendant Signup and view all the answers

What is the relationship between causation and breach of duty in a negligence case?

Breach of duty is a necessary condition for causation Signup and view all the answers

What is the primary implication of failing to establish one of the elements of negligence?

The plaintiff's claim will be dismissed Signup and view all the answers

What is the primary purpose of establishing a duty of care in a negligence case?

To establish the standard of care owed to the plaintiff Signup and view all the answers

What is the primary requirement for establishing factual causation in a negligence case?

The defendant's breach of duty was a necessary condition of the harm Signup and view all the answers

What is the primary purpose of the 'scope of liability' in a negligence case?

To determine the extent of the defendant's liability Signup and view all the answers

What is the primary implication of a 'Good Samaritan' defence in a negligence case?

The defendant is not liable for the harm caused Signup and view all the answers

What is the primary difference between a 'voluntary assumption of risk' and a 'failure to mitigate' defence?

The latter is a complete defence, while the former is a partial defence Signup and view all the answers

What is the primary implication of a 'contributory negligence' defence in a negligence case?

The plaintiff's damages are reduced in proportion to their contribution to the harm Signup and view all the answers

What is the primary purpose of considering what the patient would have done if the negligence did not occur?

To determine the factual causation of the harm Signup and view all the answers

Tort Law and Negligence

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Questions and Answers

What is the primary consequence of failing to prove one 'limb' of a tort?

What is the term for a wrongful act or an infringement of a right leading to legal liability?

What is the term for a situation where an employer is responsible for the actions of their employees?

What is the term for a duty of care that cannot be delegated to another person or entity?

What is the term for a breach of a duty of care that is mandated by law or profession?

What is the main distinction between tort law and criminal law?

What is the core idea behind the concept of negligence?

What is the key characteristic of negligence?

What is the relationship between tort law and criminal law?

What is the primary goal of tort law?

What is the primary requirement for a successful claim for damages in a negligence case?

What is the essential element that distinguishes negligent advice from mere incorrect advice?

What is the primary purpose of establishing a duty of care in a negligence case?

What is the critical factor in determining whether a defendant's breach of duty resulted in the plaintiff's injury?

What are the 4 limbs/elements of Tort of Negligence.

What is the primary purpose of establishing the foreseeability of injury in a negligence case?

What is the main distinction between a breach of duty and negligent advice?

What is the relationship between causation and breach of duty in a negligence case?

What is the primary implication of failing to establish one of the elements of negligence?

What is the primary purpose of establishing a duty of care in a negligence case?

What is the primary requirement for establishing factual causation in a negligence case?

What is the primary purpose of the 'scope of liability' in a negligence case?

What is the primary implication of a 'Good Samaritan' defence in a negligence case?

What is the primary difference between a 'voluntary assumption of risk' and a 'failure to mitigate' defence?

What is the primary implication of a 'contributory negligence' defence in a negligence case?

What is the primary purpose of considering what the patient would have done if the negligence did not occur?

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