Podcast
Questions and Answers
Which of the following relationships establishes a duty by default?
Which of the following relationships establishes a duty by default?
Tort law remains static and does not change over time.
Tort law remains static and does not change over time.
False
What are the three factors the court considers when determining the existence of a duty?
What are the three factors the court considers when determining the existence of a duty?
Reasonable foreseeability of harm, proximity of relationship, and fairness.
The test used to determine a breach of duty is called the test of the _________.
The test used to determine a breach of duty is called the test of the _________.
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Match the duty relationships with their appropriate examples.
Match the duty relationships with their appropriate examples.
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Which of the following is NOT a consideration when establishing a duty?
Which of the following is NOT a consideration when establishing a duty?
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A claimant has no legal standing if a duty situation has not been recognized by the courts.
A claimant has no legal standing if a duty situation has not been recognized by the courts.
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What is the primary goal of the reasonable person standard in breach of duty cases?
What is the primary goal of the reasonable person standard in breach of duty cases?
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In tort law, a claimant must demonstrate that the harm was _______ likely to occur as a result of the defendant's actions.
In tort law, a claimant must demonstrate that the harm was _______ likely to occur as a result of the defendant's actions.
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What is the third test established by the House of Lords in the context of imposing a duty of care?
What is the third test established by the House of Lords in the context of imposing a duty of care?
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Liability in negligence can be imposed without considering the fairness of the situation.
Liability in negligence can be imposed without considering the fairness of the situation.
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What are the two main tests established in Caparo before the third test is applied?
What are the two main tests established in Caparo before the third test is applied?
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In the case of soldiers in combat, it was decided that they could not sue for negligence due to ________ decisions.
In the case of soldiers in combat, it was decided that they could not sue for negligence due to ________ decisions.
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Match the following concepts with their descriptions:
Match the following concepts with their descriptions:
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What type of harm did Claire suffer in the road traffic incident?
What type of harm did Claire suffer in the road traffic incident?
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Claire was wearing her seatbelt during the accident.
Claire was wearing her seatbelt during the accident.
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Who is considered liable for the accident involving Claire?
Who is considered liable for the accident involving Claire?
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Negligence can be said to amount to __________.
Negligence can be said to amount to __________.
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Match the following terms to their definitions:
Match the following terms to their definitions:
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Which of the following injuries did Claire NOT suffer from the accident?
Which of the following injuries did Claire NOT suffer from the accident?
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What is the aim of tort law in cases like Claire's?
What is the aim of tort law in cases like Claire's?
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What is the first element of the tort of negligence?
What is the first element of the tort of negligence?
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The doctrine of precedent means that a decision on duty of care can impact future cases involving similar relationships.
The doctrine of precedent means that a decision on duty of care can impact future cases involving similar relationships.
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What leading case established the duty of care in tort?
What leading case established the duty of care in tort?
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The __________ principle states that one must take reasonable care to avoid acts or omissions that could foreseeably harm their neighbor.
The __________ principle states that one must take reasonable care to avoid acts or omissions that could foreseeably harm their neighbor.
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Match the legal concepts with their descriptions:
Match the legal concepts with their descriptions:
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Which of the following best describes liability in tort?
Which of the following best describes liability in tort?
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If a defendant does not owe a claimant a duty of care, the claimant's case must succeed.
If a defendant does not owe a claimant a duty of care, the claimant's case must succeed.
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How does the law typically approach the issue of breach, causation, and defense in cases of duty of care?
How does the law typically approach the issue of breach, causation, and defense in cases of duty of care?
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A manufacturer owes a duty to the consumer to take __________ care in the preparation of products.
A manufacturer owes a duty to the consumer to take __________ care in the preparation of products.
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Match the legal terms to how they are commonly perceived in a duty of care context:
Match the legal terms to how they are commonly perceived in a duty of care context:
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What legal principle allows liability for both acts and omissions?
What legal principle allows liability for both acts and omissions?
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There is a general duty to save a drowning child.
There is a general duty to save a drowning child.
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In the case of Barrett v Ministry of Defence, what caused Barrett's death?
In the case of Barrett v Ministry of Defence, what caused Barrett's death?
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The defendants may be liable if they put themselves in a position where they should have acted positively. This is referred to as having assumed ____________ for the claimant.
The defendants may be liable if they put themselves in a position where they should have acted positively. This is referred to as having assumed ____________ for the claimant.
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Match the following cases with their legal principles:
Match the following cases with their legal principles:
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What is a key problem for claimants when obvious defendants are not worth suing?
What is a key problem for claimants when obvious defendants are not worth suing?
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The court decided that Barrett was responsible for his own actions until he became drunk.
The court decided that Barrett was responsible for his own actions until he became drunk.
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What is one huge exception to the rule of no liability for pure omissions?
What is one huge exception to the rule of no liability for pure omissions?
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The leading cases in liability for negligence by omission include Home Office v Dorset Yacht and _____________.
The leading cases in liability for negligence by omission include Home Office v Dorset Yacht and _____________.
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Which scenario illustrates liability through omission?
Which scenario illustrates liability through omission?
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Study Notes
Tort Law - Unit 1 Prep Notes
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Road Traffic Incident - Advising Claire: Gather detailed information about the accident, including the time, location, events, and any injuries or damages.
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Claire's Description: On September 18th, Claire was driving to work when a van, driven by Patrick (a carpet fitter), overtook another car, causing a collision. The impact caused whiplash, a concussion, a head injury, and damaged Claire's car and laptop, requiring her to stay off work for four weeks. Police reported the events.
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Liability: Patrick, the van driver, and his employer (Carpets r Us) are possible defendants—Patrick for negligent driving and the employer for potential vicarious liability, arising from Patrick's actions during company hours.
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Negligence: Negligence is carelessness, such that the claimant (Claire) can claim compensation from those responsible — the driver or the employer, or both, depending on the specifics of the event.
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Compensation: This legal action aims to compensate Claire for injuries and financial losses, such as salary lost due to injury, as well as damages to her belongings/property (laptop).
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Duty of Care: Legal responsibility established between two parties; in this instance, Patrick to Claire and his employer as a vicariously liable party.
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Breach of Duty: Did Patrick act carelessly, falling below the required standard of a reasonably competent driver? Factors including following a safe speed, driving defensively, and safe overtaking procedures will be pertinent.
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Causation: Were Patrick's actions the direct cause of Claire's injuries and damages? Was his actions the foreseeable cause of those damages?
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Proximity and Foreseeability: These key components of determining a duty of care in negligence are pertinent. Foreseeability refers to if, in a reasonable manner, a person ought to have foreseen the events. Proximity refers to the relationship between Patrick and Claire.
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Neighbour Principle: This principle determines if one person should anticipate the potential harm to others in their actions. Established by Donoghue v Stevenson, it acts as a threshold for determining duty of care in negligence cases.
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Caparo Test: Used by the courts to assess modern negligence claims. This considers factors such as whether the damage was reasonably foreseeable in the specific circumstances, if there was a sufficiently close relationship between the claimant and defendant, and if it's 'fair, just and reasonable' to impose a duty of care in the particular scenario.
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Omissions: The law frequently considers an individual's actions, or lack thereof, as a factor in the negligence analysis.
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Imposing Liability for Omissions: General liability in negligence does not automatically exist simply due to the claimant suffering. Evidence suggests specific circumstances require careful assessment.
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Description
Test your knowledge on the principles of duty in tort law, including the factors courts consider when establishing a duty and the reasonable person standard in breach of duty cases. This quiz covers key concepts like negligence, legal standing, and the Caparo tests. Dive into the intricacies of tort law and enhance your understanding!
