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Questions and Answers
Which type of tort does not consider the fault of the tortfeasor?
Which type of tort does not consider the fault of the tortfeasor?
What does the theory of corrective justice emphasize in tort law?
What does the theory of corrective justice emphasize in tort law?
Which of the following is true about insurance in tort law?
Which of the following is true about insurance in tort law?
What legal concept addresses the issue of harm allocation among parties?
What legal concept addresses the issue of harm allocation among parties?
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What is the primary focus of tort law?
What is the primary focus of tort law?
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Rylands v Fletcher primarily deals with which legal principle?
Rylands v Fletcher primarily deals with which legal principle?
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What is primarily used to regulate dangerous animals?
What is primarily used to regulate dangerous animals?
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Which of the following is NOT a type of tort mentioned?
Which of the following is NOT a type of tort mentioned?
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Why can tort law be considered complex?
Why can tort law be considered complex?
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What is a key component of the mixed system described?
What is a key component of the mixed system described?
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Which of the following is NOT a benefit provided by the Accident Compensation Corporation in New Zealand?
Which of the following is NOT a benefit provided by the Accident Compensation Corporation in New Zealand?
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What must be satisfied for liability to be assigned in the scenario involving A, B, and C?
What must be satisfied for liability to be assigned in the scenario involving A, B, and C?
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How much can a person receive in a one-time lump-sum payment from the Accident Compensation Corporation?
How much can a person receive in a one-time lump-sum payment from the Accident Compensation Corporation?
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According to the cynic's view, what does a duty of care signify?
According to the cynic's view, what does a duty of care signify?
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What funding sources does the Accident Compensation Corporation primarily rely on?
What funding sources does the Accident Compensation Corporation primarily rely on?
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Which of the following describes the approach of compensatory justice?
Which of the following describes the approach of compensatory justice?
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What is the primary duty owed to a person in fault based liability?
What is the primary duty owed to a person in fault based liability?
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According to the principle of negligence, who assumes the costs if no negligence is found?
According to the principle of negligence, who assumes the costs if no negligence is found?
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Which of the following is NOT considered a basic element of negligence?
Which of the following is NOT considered a basic element of negligence?
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What does the 'neighbour principle' establish in law?
What does the 'neighbour principle' establish in law?
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What is the strongest method for establishing a duty of care?
What is the strongest method for establishing a duty of care?
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In the context of negligence, what does a breach entail?
In the context of negligence, what does a breach entail?
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What was highlighted by the case of Donoghue v Stevenson?
What was highlighted by the case of Donoghue v Stevenson?
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Which of the following elements is NOT part of establishing negligence?
Which of the following elements is NOT part of establishing negligence?
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What was the primary legal decision in Winterbottom v Wright regarding the relationship between the parties?
What was the primary legal decision in Winterbottom v Wright regarding the relationship between the parties?
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In the case of Donoghue v Stevenson, what was the major principle established?
In the case of Donoghue v Stevenson, what was the major principle established?
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Which event caused injury in George v Skivington?
Which event caused injury in George v Skivington?
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What did the courts initially struggle with in terms of tort law before the case of Donoghue v Stevenson?
What did the courts initially struggle with in terms of tort law before the case of Donoghue v Stevenson?
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According to the Neighbour Principle established in Donoghue v Stevenson, who is considered a neighbor in legal terms?
According to the Neighbour Principle established in Donoghue v Stevenson, who is considered a neighbor in legal terms?
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What was a key focus of the courts after the Winterbottom v Wright decision?
What was a key focus of the courts after the Winterbottom v Wright decision?
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What is the primary focus of the duty of care according to Lord Goff?
What is the primary focus of the duty of care according to Lord Goff?
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Which of the following is NOT one of the elements in the Caparo Test?
Which of the following is NOT one of the elements in the Caparo Test?
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What concept did tort law primarily address according to the content?
What concept did tort law primarily address according to the content?
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In which case was the principle of determining non-liability for foreseeable damage largely articulated?
In which case was the principle of determining non-liability for foreseeable damage largely articulated?
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What element was central to the decisions made in the court cases detailed in the content?
What element was central to the decisions made in the court cases detailed in the content?
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Which aspect must a claimant establish to prove a duty of care is owed?
Which aspect must a claimant establish to prove a duty of care is owed?
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What is one of the methods for establishing a duty of care mentioned in the content?
What is one of the methods for establishing a duty of care mentioned in the content?
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Which statement correctly describes the Caparo Test?
Which statement correctly describes the Caparo Test?
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What is the likely outcome for a claimant if they cannot prove the three elements of the Caparo Test?
What is the likely outcome for a claimant if they cannot prove the three elements of the Caparo Test?
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Which case involved negligence of a third party at an accounting firm, leading to shareholder lawsuits?
Which case involved negligence of a third party at an accounting firm, leading to shareholder lawsuits?
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What principle was established in the case of Hedley Byrne v.Heller?
What principle was established in the case of Hedley Byrne v.Heller?
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The Anns Test for duty of care includes which of the following components?
The Anns Test for duty of care includes which of the following components?
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Which case formally adopted the neighbour principle as a test for negligence?
Which case formally adopted the neighbour principle as a test for negligence?
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What did Lord Reid suggest regarding the application of the neighbour principle in Home Office v Dorset Yacht Co Ltd?
What did Lord Reid suggest regarding the application of the neighbour principle in Home Office v Dorset Yacht Co Ltd?
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In what context did the Anns v Merton London Borough Council case arise?
In what context did the Anns v Merton London Borough Council case arise?
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What was a key outcome of the development since Donoghue v Stevenson?
What was a key outcome of the development since Donoghue v Stevenson?
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What characterizes 'novel' categories of duty in tort law?
What characterizes 'novel' categories of duty in tort law?
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Which of the following statements is true regarding the Anns Test?
Which of the following statements is true regarding the Anns Test?
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Study Notes
Tort Law Introduction - History
- Tort law deals with allocating costs when harm occurs, like in car accidents.
- Courts initially held that liability for accidental harm rested where it fell, unless a contract created a duty of care.
Winterbottom v Wright (1842)
- Winterbottom was contracted to drive a mail coach.
- Wright was contracted to maintain the coach.
- Neither contracted with each other.
- A wheel collapsed while Winterbottom was driving, injuring him.
- The court held Wright owed no duty to Winterbottom, only to the postmaster general.
Later Cases and the Development of Duty of Care Outside Contract
- Courts tried to create a list of situations where a duty of care existed outside of contracts.
- They gradually expanded the application of tort law to achieve "practical justice".
Langridge v Levy (1837)
- A gun malfunctioned, causing injury to the purchaser's son.
- The seller knew of the gun's malfunction but sold it to the father.
- This case established a duty of care based on fraud.
George v Skivington (1869)
- A husband bought hair wash, intending it for his wife.
- The wife used it and was harmed.
- The case established misrepresentation by the seller.
Overall Trend
- Courts were generally reluctant to impose a general duty of care without an existing contract.
- The law evolved slowly toward recognizing wider duties.
Donoghue v Stevenson (1932)
- A woman became ill after consuming ginger beer with a snail in it.
- The manufacturer was held liable as they owed a duty of care to the consumer.
The Neighbour Principle
- The neighbour principle defined the scope of duty of care as a responsibility to avoid actions that could harm those "so closely and directly affected" by one's actions.
Modern Tort Law
- Covers various types of harm – negligence, strict liability, and intentional torts.
- Attempts to balance responsibility for harm with concerns about economic fairness and liability.
Elements of Negligence
- Duty of care (legal obligation to act with reasonable care)
- Breach of duty (failure to meet the standard of care expected)
- Causation (proof that the breach of duty caused the harm)
Other Important Considerations
- The concept of "normative equilibrium," which is disrupted by accidents.
- Types of compensation: distributive justice and corrective justice.
- Importance of insurance as a practical method of compensation.
- Statutory duties of care (imposed by law).
- Incremental categories of duty (based on precedents).
Important Cases Further Defining Duty of Care
- Hedley Byrne v Heller: Duty of care related to negligent professional advice.
- Home Office v Dorset Yacht : Extension of liability to 3rd parties.
- Anns v Merton London Borough: Formal test for determining a Duty of Care.
- Caparo Industries v Dickman: Set of criteria for determining if a duty of care exists.
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Description
Explore the evolution of tort law and the development of the duty of care through significant cases such as Winterbottom v Wright and Langridge v Levy. This quiz delves into how courts have shaped liability rules and aimed for practical justice in situations of accidental harm. Test your understanding of these foundational principles in tort law.
