26 Questions
What is the primary consequence of failing to prove one 'limb' of a tort?
The tort cannot be proved
What is the term for a wrongful act or an infringement of a right leading to legal liability?
Tort
What is the term for a situation where an employer is responsible for the actions of their employees?
Vicarious liability
What is the term for a duty of care that cannot be delegated to another person or entity?
Non-delegable duty of care
What is the term for a breach of a duty of care that is mandated by law or profession?
Statutory/Professional Negligence
What is the main distinction between tort law and criminal law?
One is a private matter, while the other is a public matter.
What is the core idea behind the concept of negligence?
To hold individuals accountable for their careless actions.
What is the key characteristic of negligence?
It involves carelessness, but not intentional harm.
What is the relationship between tort law and criminal law?
They are two separate and distinct legal systems.
What is the primary goal of tort law?
To compensate victims of wrongdoing.
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
What is the essential element that distinguishes negligent advice from mere incorrect advice?
The advice fell below an expected standard of care
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
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
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
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
What is the main distinction between a breach of duty and negligent advice?
The level of carelessness exhibited by the defendant
What is the relationship between causation and breach of duty in a negligence case?
Breach of duty is a necessary condition for causation
What is the primary implication of failing to establish one of the elements of negligence?
The plaintiff's claim will be dismissed
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
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
What is the primary purpose of the 'scope of liability' in a negligence case?
To determine the extent of the defendant's liability
What is the primary implication of a 'Good Samaritan' defence in a negligence case?
The defendant is not liable for the harm caused
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
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
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
Test your knowledge on the key concepts of tort law, including duty of care, negligence, and liability. This quiz covers the essentials of tort law, including statutory and professional negligence, non-delegable duty of care, and vicarious liability.
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