Tort Law: Elements and Negligence

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Questions and Answers

Match the elements of a tort with their definitions:

Duty of care = A legal obligation to avoid causing harm Breach of duty = Failure to meet established standards Causation = The need to prove that the breach led to harm Damages = Compensation for loss or injury suffered

Match the types of tort with their descriptions:

Negligence = Failure to exercise reasonable care Defamation = False statements causing harm to reputation Trespass = Unlawful entry onto another's property Product liability = Responsibility of manufacturers for defects

Match the terms related to joint tortfeasors with their meanings:

Concerted action = Coordinated actions causing harm together Independent acts = Separate actions causing collective harm Vicarious liability = Holding one party responsible for another's actions Tortfeasor = The party responsible for committing the tort

Match the aims of the law of negligence with their focus:

Duty = Determining the obligation owed Breach = Establishing the failure to fulfill that obligation Causation = Linking the breach to the harm suffered Damages = Calculating the compensation owed to the victim Signup and view all the answers

Match the legal principles influenced by the Human Rights Act with their implications:

Development of new torts = Introduction of rights-based claims Procedural considerations = Changes in the legal processes Public interest = Societal values influencing legal decisions Moral implications = 'Wrongful birth' and societal perspectives on children Signup and view all the answers

Match the following concepts related to vicarious liability with their descriptions:

Vicarious Liability = Indirect liability for the actions of a subordinate Employee = Paid at specific intervals based on the employment act Independent Contractor = Free from the business as they have service contracts Salmond Test = Determines liability if acts are authorized or unauthorized methods are used Signup and view all the answers

Match the following cases with their significance in duty of care:

Donoghue v Stevenson = Established the neighbor principle and duty of care Anns v Merton = Created the two-stage test for duty of care Murphy v Brentwood = Overruled Anns and critiqued the broadness of the two-stage test Caparo Industries v Dickman = Established the Caparo three-part test for duty of care Signup and view all the answers

Match the following tests for determining employer-employee relationships with their characteristics:

Two-stage test = Ruled inefficient due to 'policy considerations' Course of employment test = Considers torts committed within the scope of employment Imbalance of power = Characteristic concern in employer-employee dynamics Modern tests = Evolve from traditional tests to address contemporary issues Signup and view all the answers

Match the following terms associated with negligence to their definitions:

Duty of Care = Obligation to avoid harm to those closely affected by one's actions Judicial Retreat = Allows the court to change its stance on previous decisions Prima Facie = Means 'at first sight' regarding sufficient evidence for judgement Caparo three-part test = Used to determine if a duty of care exists in tort cases Signup and view all the answers

Match the following principles related to vicarious liability to their implications:

Employer Accountability = Encourages responsible actions to prevent harm Innocent Party Compensation = May lead to unfair burdens on parties without fault Financial Position = Employers are generally in a better position to compensate Harmful Acts = Employer liability encourages prevention of tortious behavior Signup and view all the answers

Study Notes

Tort Law

Tort occurs when a breach of a general duty, fixed by civil law, causes harm to people or property.
Tort law aims to compensate victims, while criminal law focuses on punishment.
Applicable tort situations include negligence, occupier's liability, nuisance, defamation, trespass, and product liability, and economic torts.

Elements of a Tort

A tort typically requires four elements: duty of care, breach of duty, causation, and damages.
Duty of Care: A legal obligation to avoid carelessness.
Breach of Duty: Failure to meet the required standard of care.
Causation: Establishing a factual link between the defendant's actions and the harm suffered (both factual and legal causation required).
Damages: Monetary compensation for harm suffered.

Nature and Justification of Negligence

Negligence protects economic interests, property, and personal interests (physical and psychiatric harm).
The Human Rights Act of 1998 integrates European Convention on Human Rights principles into domestic law, influencing tort development.

Tortfeasor

A tortfeasor is a person or entity committing a wrongful act causing loss to another.
Joint tortfeasors are multiple parties whose collective negligence caused harm to another.
Joint tortfeasors are liable for the actions of each.

Vicarious Liability

Vicarious liability is indirect liability for the actions of a subordinate (e.g., employer for employee).
It is sometimes controversial, creating an imbalance of power.
Justifications for vicarious liability include preventing harmful acts, promoting accountability, and potentially stronger financial capacity of the employer.
Differences between employees and independent contractors (control, integration, economic reality, and mutuality of obligation tests) affect liability.

Case Laws (examples)

Poland v Parr (employer liable): employee's actions (protecting property) deemed within employment scope.
Warren v Henlys Ltd (employer not liable): employee's actions (customer assault) considered outside employment scope.
Limpus v London General Omnibus Co (employer liable): employee's reckless driving occurred during employment.
Century Insurance Co v Northern Ireland Road Transport Board (employer liable): negligent employee's actions directly related to employment.
Donoghue v Stevenson: Established the "neighbour principle", forming the foundation of modern negligence law. This case highlights the duty of care owed to those closely affected by one's actions
Anns case established 2-stage test for duty of care: proximity and policy grounds for avoiding the duty.
Caparo case established a 3-part test for duty of care (foreseeability, proximity, fairness).

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Description

Explore the foundations of Tort Law, including its principles and the four essential elements of a tort: duty of care, breach of duty, causation, and damages. This quiz will test your understanding of negligence and its role in protecting personal and economic interests.