14 Questions
What is the origin of the term 'tort'?
From the Latin word for 'twisted'
What is the key difference between libel and slander?
Libel is written, while slander is spoken
What is the primary consideration when deciding whether to sue the controlling party or the person directly responsible for the act?
Economic grounds
What is the necessary condition for defamation to have occurred?
The presence of an audience
What is the principle that holds a person responsible for the actions of their agents or employees?
Vicarious liability
What is the outcome of the case Donoghue versus Stevenson?
Stevenson was found negligent
What is the term for the branch of common law dealing with civil wrongs?
Tort law
What is the common element among negligence, defamation, and nuisance?
They all involve harm caused to another person or company
What is the primary benefit of being the controlling party in a lawsuit?
Having a greater capacity to pay damages
In which situation would the defense of consent most likely be used?
In a medical malpractice lawsuit
What is the primary difference between the defenses of consent and illegality?
Consent is used in cases where the plaintiff agreed to participate in the act, while illegality is used in cases where the plaintiff was not at fault
In which situation would the defense of contributory negligence most likely be used?
In a case of medical malpractice where the patient did not follow the doctor's advice
What is the primary limitation of the defense of consent?
It will not protect the defendant from a lawsuit if negligence can be shown to have occurred
What is the primary purpose of having a patient or participant sign a consent form?
To acknowledge and accept the risks involved in the activity
Study Notes
Tort
- Tort is a branch of common law dealing with civil wrongs, derived from the Latin word "tortus," meaning twisted.
- It covers areas such as negligence, defamation, and nuisance, where a person takes action against another who they believe has wrongfully caused them harm.
Negligence
- Negligence occurs when a person or company fails to take appropriate care, resulting in damage to another person or company.
- Example: Donoghue versus Stevenson, where Stevenson was considered negligent for not taking sufficient care in the manufacture of ginger beer.
Defamation
- Defamation is the act of harming another person's or company's reputation through wrongful public comment.
- It takes two forms: written (libel) and spoken (slander).
- For defamation to have occurred, there must be an audience, and the larger the audience, the greater the damage to the victim's reputation.
Nuisance
- Nuisance occurs when a person or company causes damage to another person or company through their actions.
- Examples: creating toxic fumes, excessive noise, or polluting a stream.
- In a common law system, a person can sue the offending party for damages incurred.
Vicarious Liability
- Vicarious liability is when a person takes responsibility for the actions of their agents or employees.
- A person may choose to sue the controlling party under vicarious liability, often on economic grounds, as the controlling party is likely to have a greater capacity to pay damages.
Defenses
- Consent: the person agreed to participate in the act causing the damage.
- Illegality: the harm was caused because the plaintiff was breaking the law.
- Contributory negligence: the defendant argues that the plaintiff also had some share in the negligent behavior.
This quiz covers the basics of tort law, including negligence, defamation, and nuisance. Test your knowledge of civil wrongs and liabilities.
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