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Tort Law and Negligence

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Questions and Answers

What is required for negligent or wrongful intentional conduct to lead to liability?

The conduct must be unintentional and the harm must be indirect

The conduct must be both intentional and negligent

The conduct must be intentional and the harm must be direct

The conduct must cause loss that is not too remote (correct)

What is the significance of intention in Aquilian liability?

It is never a consideration in determining liability

It is only relevant in cases of negligence

It plays a significant role in certain kinds of harm-causing conduct (correct)

It is the primary consideration in determining liability

What is the necessary condition for certain kinds of harm-causing conduct to be wrongful?

That it was intentional

That it was negligent

That it was committed without intent

That it was committed with intent (correct)

What is the relationship between intention and negligence in Aquilian liability?

They are complementary Signup and view all the answers

What is the significance of the ocean accident case in understanding liability?

It highlights the importance of intention in determining liability Signup and view all the answers

What is the necessary and sufficient condition for a particular kind of harm-causing conduct to give rise to liability?

That it was committed with intent and caused harm Signup and view all the answers

What is the significance of remoteness of harm in determining liability?

It is a necessary condition for liability to arise Signup and view all the answers

What is the relationship between causation and remoteness of harm?

Causation and remoteness of harm are complementary Signup and view all the answers

What is the abstract approach to negligence?

It focuses on the general principles of negligence Signup and view all the answers

What is the relative approach to negligence?

It involves a comparison of the defendant's conduct to a reasonable person Signup and view all the answers