Tort Law Introduction and Theories
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What is the main concern of criminal law in relation to torts?

  • Financial compensation for victims
  • Punishment by the state (correct)
  • The enforcement of prior agreements
  • The allocation of insurance costs

    • Which type of tort does not require consideration of the tortfeasor's fault?

  • Intentional torts
  • Strict liability (correct)
  • Negligence
  • Defamation

    • What does corrective justice demand in tort law?

  • Equal distribution of costs among all parties
  • Compensation from the victim to the tortfeasor
  • A punitive fine levied by the state
  • The tortfeasor to compensate the victim for harm (correct)

    • Why may insurance play a significant role in tort law?

    <p>It can make compensation accessible for less wealthy defendants</p> Signup and view all the answers

    In the context of tort law, what does the concept of normative equilibrium refer to?

    <p>The state of affairs before an accident occurs</p> Signup and view all the answers

    Which case established a unique rule regarding the accumulation of hazardous substances?

    <p>Rylands v Fletcher</p> Signup and view all the answers

    What is a common challenge in ensuring social justice in tort law?

    <p>Defendants often lack the means to compensate fully</p> Signup and view all the answers

    What types of torts are classified as intentional torts?

    <p>Defamation and battery</p> Signup and view all the answers

    What principle did the case Donoghue v Stevenson establish regarding duty of care?

    <p>One must take reasonable care to avoid foreseeable harm to others.</p> Signup and view all the answers

    In Winterbottom v Wright, who was found to have a duty of care?

    <p>The Post Master General was the only party with a duty of care.</p> Signup and view all the answers

    Which of the following scenarios reflects a breach of the Neighbour Principle?

    <p>A manufacturer knowingly selling a faulty product.</p> Signup and view all the answers

    What was a significant characteristic of early tort law decisions regarding duty of care?

    <p>They were largely defendant-friendly and avoided general principles.</p> Signup and view all the answers

    What is meant by 'gifting' in the context of the case George v Skivington?

    <p>Buying a product intended for use by a third party.</p> Signup and view all the answers

    Which of the following reflects a limitation of tort law as discussed in the content?

    <p>Tort law often needs clear contractual agreements to establish duty.</p> Signup and view all the answers

    In the context of tort law, what does 'practical justice' refer to?

    <p>Judicial attempts to apply law in a manner that addresses real-life harm.</p> Signup and view all the answers

    What did the 'Neighbour Principle' define in legal terms?

    <p>The direct connection between an act and those it may harm.</p> Signup and view all the answers

    What is the primary duty owed in fault-based liability?

    <p>To protect against potential harm</p> Signup and view all the answers

    In negligence, what happens if no negligence is found?

    <p>The costs lie with the victim</p> Signup and view all the answers

    Which of the following is NOT an element of negligence?

    <p>Determining reasonable foreseeability</p> Signup and view all the answers

    What principle was introduced by Lord Atkin in the context of negligence?

    <p>The neighbour principle</p> Signup and view all the answers

    What does the general rule of causation in negligence indicate?

    <p>A person is responsible only if reasonable care was not taken</p> Signup and view all the answers

    What was the primary concern of the case Grant v. Australian Knitting Mills?

    <p>Providing justice for the final user of a product</p> Signup and view all the answers

    What is considered a 'strongest method' for establishing duty of care?

    <p>Statute law</p> Signup and view all the answers

    Which of the following best describes 'negligence'?

    <p>The allocation of costs when a harm-causing event occurs</p> Signup and view all the answers

    What was established in Hedley Byrne v. Heller?

    <p>Duty of care for professionals making negligent statements</p> Signup and view all the answers

    What aspect does the Anns test primarily address?

    <p>Sufficient relationship of proximity between the parties</p> Signup and view all the answers

    Which case extended the liability to third parties under the neighbour principle?

    <p>Home Office v. Dorset Yacht Co Ltd</p> Signup and view all the answers

    What does the first prong of the Anns test require?

    <p>A relationship of proximity or neighbourhood</p> Signup and view all the answers

    What principle does the case of Anns v. Merton London Borough Council codify?

    <p>The reasonable foreseeability of harm</p> Signup and view all the answers

    Which option best describes the neighbour principle?

    <p>It requires consideration of justified exclusions for duty of care</p> Signup and view all the answers

    Which statement is true regarding the development of duty of care since Donoghue v. Stevenson?

    <p>The duty of care has evolved based on judicial precedents.</p> Signup and view all the answers

    What limitation does the Anns test impose on duty of care?

    <p>There must be no considerations to reduce or limit the scope of duty</p> Signup and view all the answers

    What is a key aspect of the mixed system mentioned?

    <p>It incorporates elements of both corrective and distributive justice.</p> Signup and view all the answers

    Which organization in New Zealand is known for its no-fault compensation scheme?

    <p>Accident Compensation Corporation</p> Signup and view all the answers

    What is one of the primary types of compensation offered under the Accident Compensation Corporation's scheme?

    <p>Compensation for loss of earnings up to 80 percent.</p> Signup and view all the answers

    What could be a consequence of legislating dangerous animals, according to the text?

    <p>Potential property damage and personal harm.</p> Signup and view all the answers

    What does the cynic perspective suggest regarding duty of care?

    <p>It arises only after harm has occurred.</p> Signup and view all the answers

    In the problem scenario, who can potentially be liable for C's injury?

    <p>Both A and B, based on the situation.</p> Signup and view all the answers

    Under which circumstances could health risks arise from the escape of animals?

    <p>When escaped animals create rotting carcasses.</p> Signup and view all the answers

    Which element is NOT considered an aspect of the mixed system?

    <p>Voluntary insurance plans.</p> Signup and view all the answers

    What is the primary focus of the duty of care according to Lord Goff in Smith v Littlewoods Organisations Ltd?

    <p>To determine cases where no duty of care arises</p> Signup and view all the answers

    Which key case illustrates the application of the Caparo Test?

    <p><em>Caparo Industries plc v Dickman</em></p> Signup and view all the answers

    In establishing a duty of care, which of the following is NOT part of the Caparo Test?

    <p>Is there a written agreement of liability?</p> Signup and view all the answers

    What does the Caparo Test assess regarding the defendant's actions?

    <p>The relationship of proximity with the claimant</p> Signup and view all the answers

    Which aspect of liability does the statement 'the function of the duty of care is to identify those where it is not' reflect?

    <p>The broad nature of liability for foreseeable harm</p> Signup and view all the answers

    What is one method to establish a duty of care according to the content?

    <p>Assuming responsibility for the claimant</p> Signup and view all the answers

    Which scenario would require the claimant to prove a relationship of proximity under the Caparo Test?

    <p>The claimant was involved in a business transaction with the defendant</p> Signup and view all the answers

    Which of the following is an outcome of a successful argument that limits liability based on valid reasons?

    <p>Defendant successfully argues lack of proximity</p> Signup and view all the answers

    Study Notes

    Tort Law Introduction

    • Tort law aims to allocate costs when harm occurs, such as in car accidents.
    • Courts initially held that if no contract existed, liability for accidental harm remained with the person affected.
    • Winterbottom v Wright (1842) established that a duty of care doesn't automatically exist outside of a contractual relationship. A driver of a mail coach (Winterbottom) injured in a collision with a faulty wheel had no legal recourse against the coach's maintainer (Wright).
    • Later cases like Langridge v Levy (1837) and George v Skivington (1869) attempted to develop broader criteria for duty of care, particularly in cases of fraud or misrepresentation.
    • Despite attempts to define clearer criteria, courts remained reluctant to establish a general duty of care outside a contract in the absence of specific circumstances.

    Theories of Tort Law

    • Corrective justice aims to hold the person responsible for harm accountable for compensation to the victim.
    • Distributive justice considers the ability of the party causing the harm to compensate for it, often involving insurance or other third-party interventions.
    • Tort law attempts to balance compensation for victims with practical considerations of fairness and liability allocation.

    Types of Torts

    • Negligence: harm caused by one's careless actions or omissions.
    • Strict liability: individuals can be held liable for harm regardless of their intent.
    • Intentional torts: actions like defamation, trespass, assault, or battery.

    The Neighbour Principle (Donoghue v Stevenson)

    • This principle proposed that individuals owe a duty to those who may be affected by their actions.
    • This case established the principle that manufacturers have a duty of care to consumers to avoid foreseeable harm

    Tort Development

    • Significant changes to duty of care since Donoghue v Stevenson. Previous emphasis on pre-existing relationships or specific situations for determining a duty, now includes broader circumstances for assessment of responsibility.
    • The courts have developed tests, such as the Anns test which attempts to evaluate the proximity and fairness of imposing a duty of care.

    Categorizing Torts

    • Statutory duties: legislative measures outline specific situations where duties of care arise.
    • Incremental categories: Developments in the law where duty of care is determined by similar/previous cases.
    • Novel categories: situations where no precedents exist, often requiring the courts to determine whether a duty of care should arise.

    Statutory and Alternative Systems

    • Many jurisdictions have alternative systems to tort law, such as accident compensation schemes, funded by taxation or employer levies.
    • These schemes provide compensation to persons injured in accidents, regardless of fault.

    The Caparo Test

    • This is a three-part test used to determine if a duty of care should be imposed in situations/cases where a pre-existing relationship or specific situation doesn't apply.
    • Considers whether harm is foreseeable, a proximate relationship between parties, and if it is fair, just and reasonable to impose a duty.

    General Principles

    • Negligence involves allocating costs following harm, centered around the concept that a duty of care is owed.
    • Establishing negligence requires evidence of duty, breach, causation, and damage.
    • The UK prioritizes corrective justice, yet distributive justice is also considered regarding the compensation process and how it is administered.

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    Related Documents

    Lecture 1 - Tort Law Introduction PDF

    Description

    Explore the fundamentals of Tort Law, including its purpose in addressing harm and compensation for victims, as well as key cases that shaped its development. Understand the theories behind Tort Law, such as corrective justice and its implications in legal proceedings.

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