30 Questions
What is the primary purpose of Tort Law according to the given text?
To provide compensation for harm suffered
What is the basis of liability in Tort Law?
Intentional, negligent, and 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 highlights the disjointed nature of Tort Law
What is the characteristic of an interpretive theory in Tort Law?
It fits with and justifies the body of law and has explanatory power
What is the relationship between the theory of thermodynamics and Tort Law?
The theory of thermodynamics shows the relationship between mechanics and heat, similar to how Tort Law shows the relationship between disparate phenomena
What is the recommended reading for the topic of Tort Law?
H&R, Cases, and Journal articles
What is the purpose of prescriptive theories in tort law?
To argue rationally about what the law ought to be
According to J Coleman, what is the duty of individuals who are responsible for wrongful losses?
To repair the loss
Which theory of tort law focuses on the infringement of primary rights?
Rights Theory
What is the goal of the Compensation and Deterrence theory of tort law?
To achieve policy goals for society as a whole
According to J Goldberg, what is the potential of tort law?
To transform a crushing burden into a small cost
What is the main idea behind the Economic Deterrence Theory of tort law?
Internalizing negative externalities and maximizing well-being
What is the key factor in determining the duty of care in a medical context?
The foreseeability of the harm
In the case of Kent v Griffiths, what was the outcome of the misleading assurances given by the call handler?
The patient suffered serious physical injury
What is the key difference between the cases of Kent and Darnley?
The act or omission of the medical staff
What is the result of the doctrine of established categories in medical negligence cases?
A wider understanding of the duty of care
What is the duty of medical staff and institutions towards patients?
To avoid foreseeable injury
In what type of situation is the duty of care particularly important?
Emergency situations
What is the basis of the duty of care owed by those who provide and run a casualty department?
The patient's complaint of illness or injury
What is the duty of care owed by receptionists in an A&E department?
To take reasonable care not to cause physical injury
When does the duty of care take effect in an A&E department?
When the patient is booked in at reception
What is the foreseeable harm that a receptionist may cause in an A&E department?
Physical injury
Who owes a duty of care to patients in an A&E department?
All staff, including receptionists
What is the significance of the established category of duty of care in medical negligence?
It eliminates the need to consider fairness, justice, and reasonableness
In what cases should the police be held liable for physical injury to the public?
In cases of positive, negligent conduct that foreseeably and directly inflicts physical injury
What is the general approach in novel cases where the claimant is unsure if a duty of care is owed?
The claimant is most likely to lose
What was the key factor in the Darnley v Croydon Health Services NHS Trust case?
The receptionist's incorrect information about waiting times
What was the lower court's decision in the Darnley case?
The receptionist did not owe a duty of care to the patient
What was the Supreme Court's decision in the Darnley case?
The lower courts were wrong in their decision
What would have been the outcome if the receptionist had told the patient that triage would happen within 30 minutes?
The patient would not have suffered permanent brain damage
Test your understanding of the introduction to tort law, including theoretical foundations, basis of liability, and consequences suffered by claimants. This quiz covers the fundamental concepts of tort law, based on Horsey and Rackley's Tort Law (8th edn, 2023).
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