Tort Law Week 1: Introduction and Theoretical Foundations
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Questions and Answers

What is the primary purpose of Tort Law according to the given text?

  • To punish wrongdoing
  • To provide compensation for harm suffered (correct)
  • To deepen our understanding of the way the world works
  • To explain the organization of economic activity

What is the basis of liability in Tort Law?

  • Alphabetical classification
  • Only intentional and negligent
  • Intentional, negligent, and strict liability (correct)
  • Only strict liability

What is the significance of the quote 'Tort is what is in the tort books, and the only thing holding it together is in their binding'?

  • It explains the purpose of Tort Law
  • It emphasizes the importance of Tort Law in modern society
  • It highlights the disjointed nature of Tort Law (correct)
  • It provides a definition of Tort Law

What is the characteristic of an interpretive theory in Tort Law?

<p>It fits with and justifies the body of law and has explanatory power (B)</p> Signup and view all the answers

What is the relationship between the theory of thermodynamics and Tort Law?

<p>The theory of thermodynamics shows the relationship between mechanics and heat, similar to how Tort Law shows the relationship between disparate phenomena (A)</p> Signup and view all the answers

What is the recommended reading for the topic of Tort Law?

<p>H&amp;R, Cases, and Journal articles (A)</p> Signup and view all the answers

What is the purpose of prescriptive theories in tort law?

<p>To argue rationally about what the law ought to be (D)</p> Signup and view all the answers

According to J Coleman, what is the duty of individuals who are responsible for wrongful losses?

<p>To repair the loss (B)</p> Signup and view all the answers

Which theory of tort law focuses on the infringement of primary rights?

<p>Rights Theory (A)</p> Signup and view all the answers

What is the goal of the Compensation and Deterrence theory of tort law?

<p>To achieve policy goals for society as a whole (D)</p> Signup and view all the answers

According to J Goldberg, what is the potential of tort law?

<p>To transform a crushing burden into a small cost (B)</p> Signup and view all the answers

What is the main idea behind the Economic Deterrence Theory of tort law?

<p>Internalizing negative externalities and maximizing well-being (D)</p> Signup and view all the answers

What is the key factor in determining the duty of care in a medical context?

<p>The foreseeability of the harm (D)</p> Signup and view all the answers

In the case of Kent v Griffiths, what was the outcome of the misleading assurances given by the call handler?

<p>The patient suffered serious physical injury (C)</p> Signup and view all the answers

What is the key difference between the cases of Kent and Darnley?

<p>The act or omission of the medical staff (D)</p> Signup and view all the answers

What is the result of the doctrine of established categories in medical negligence cases?

<p>A wider understanding of the duty of care (C)</p> Signup and view all the answers

What is the duty of medical staff and institutions towards patients?

<p>To avoid foreseeable injury (D)</p> Signup and view all the answers

In what type of situation is the duty of care particularly important?

<p>Emergency situations (B)</p> Signup and view all the answers

What is the basis of the duty of care owed by those who provide and run a casualty department?

<p>The patient's complaint of illness or injury (B)</p> Signup and view all the answers

What is the duty of care owed by receptionists in an A&E department?

<p>To take reasonable care not to cause physical injury (B)</p> Signup and view all the answers

When does the duty of care take effect in an A&E department?

<p>When the patient is booked in at reception (D)</p> Signup and view all the answers

What is the foreseeable harm that a receptionist may cause in an A&E department?

<p>Physical injury (B)</p> Signup and view all the answers

Who owes a duty of care to patients in an A&E department?

<p>All staff, including receptionists (A)</p> Signup and view all the answers

What is the significance of the established category of duty of care in medical negligence?

<p>It eliminates the need to consider fairness, justice, and reasonableness (B)</p> Signup and view all the answers

In what cases should the police be held liable for physical injury to the public?

<p>In cases of positive, negligent conduct that foreseeably and directly inflicts physical injury (D)</p> Signup and view all the answers

What is the general approach in novel cases where the claimant is unsure if a duty of care is owed?

<p>The claimant is most likely to lose (A)</p> Signup and view all the answers

What was the key factor in the Darnley v Croydon Health Services NHS Trust case?

<p>The receptionist's incorrect information about waiting times (B)</p> Signup and view all the answers

What was the lower court's decision in the Darnley case?

<p>The receptionist did not owe a duty of care to the patient (A)</p> Signup and view all the answers

What was the Supreme Court's decision in the Darnley case?

<p>The lower courts were wrong in their decision (A)</p> Signup and view all the answers

What would have been the outcome if the receptionist had told the patient that triage would happen within 30 minutes?

<p>The patient would not have suffered permanent brain damage (D)</p> Signup and view all the answers

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