Tort Law Week 1: Introduction and Theoretical Foundations

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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?

It fits with and justifies the body of law and has explanatory power Signup and view all the answers

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 Signup and view all the answers

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

H&R, Cases, and Journal articles Signup and view all the answers

What is the purpose of prescriptive theories in tort law?

To argue rationally about what the law ought to be Signup and view all the answers

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

To repair the loss Signup and view all the answers

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

Rights Theory Signup and view all the answers

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

To achieve policy goals for society as a whole Signup and view all the answers

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

To transform a crushing burden into a small cost Signup and view all the answers

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

Internalizing negative externalities and maximizing well-being Signup and view all the answers

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

The foreseeability of the harm 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?

The patient suffered serious physical injury Signup and view all the answers

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

The act or omission of the medical staff Signup and view all the answers

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

A wider understanding of the duty of care Signup and view all the answers

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

To avoid foreseeable injury Signup and view all the answers

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

Emergency situations 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?

The patient's complaint of illness or injury Signup and view all the answers

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

To take reasonable care not to cause physical injury Signup and view all the answers

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

When the patient is booked in at reception Signup and view all the answers

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

Physical injury Signup and view all the answers

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

All staff, including receptionists Signup and view all the answers

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 Signup and view all the answers

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 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?

The claimant is most likely to lose Signup and view all the answers

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

The receptionist's incorrect information about waiting times Signup and view all the answers

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

The receptionist did not owe a duty of care to the patient Signup and view all the answers

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

The lower courts were wrong in their decision 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?

The patient would not have suffered permanent brain damage Signup and view all the answers