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?

  • 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?

<p>Non-delegable duty of care (C)</p> 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?

<p>Statutory/Professional Negligence (A)</p> Signup and view all the answers

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

<p>One is a private matter, while the other is a public matter. (C)</p> Signup and view all the answers

What is the core idea behind the concept of negligence?

<p>To hold individuals accountable for their careless actions. (C)</p> Signup and view all the answers

What is the key characteristic of negligence?

<p>It involves carelessness, but not intentional harm. (A)</p> Signup and view all the answers

What is the relationship between tort law and criminal law?

<p>They are two separate and distinct legal systems. (A)</p> Signup and view all the answers

What is the primary goal of tort law?

<p>To compensate victims of wrongdoing. (C)</p> Signup and view all the answers

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

<p>The breach of duty was the direct cause of the damage (D)</p> Signup and view all the answers

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

<p>The advice fell below an expected standard of care (C)</p> Signup and view all the answers

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

<p>To identify the standard of care expected of the defendant (A)</p> 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?

<p>The foreseeability of the injury (A)</p> Signup and view all the answers

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

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

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

<p>To prove the causal link between the breach and damage (C)</p> Signup and view all the answers

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

<p>The level of carelessness exhibited by the defendant (D)</p> Signup and view all the answers

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

<p>Breach of duty is a necessary condition for causation (D)</p> Signup and view all the answers

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

<p>The plaintiff's claim will be dismissed (D)</p> Signup and view all the answers

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

<p>To establish the standard of care owed to the plaintiff (C)</p> Signup and view all the answers

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

<p>The defendant's breach of duty was a necessary condition of the harm (D)</p> Signup and view all the answers

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

<p>To determine the extent of the defendant's liability (C)</p> Signup and view all the answers

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

<p>The defendant is not liable for the harm caused (B)</p> Signup and view all the answers

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

<p>The latter is a complete defence, while the former is a partial defence (C)</p> Signup and view all the answers

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

<p>The plaintiff's damages are reduced in proportion to their contribution to the harm (B)</p> 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?

<p>To determine the factual causation of the harm (D)</p> Signup and view all the answers

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