Podcast
Questions and Answers
What are the three essential ingredients that must be established to prove the tort of negligence?
What are the three essential ingredients that must be established to prove the tort of negligence?
- A legal duty, a breach of that duty, and causing injury or damage resulting in loss to the plaintiff (correct)
- The defendant's intention, the breach of law, and public injury
- Strict liability, duty of care, and damages to the defendant's property
- A moral obligation, the absence of authorization, and injury to the general public
In a nutshell, what is the definition of a tort?
In a nutshell, what is the definition of a tort?
- A breach of contract resulting in punitive damages
- A legal wrongdoing for which the injured party can sue the wrongdoer for specific damages (correct)
- A financial compensation for physical injuries caused by an accident
- An act or omission that causes inconvenience
What is the Neighbour Principle based on?
What is the Neighbour Principle based on?
- The duty of care owed by one person to another as established in Donoghue v Stevenson case (correct)
- The responsibility of the government towards its citizens
- The obligation to protect public property from damages
- The relationship between friends and acquaintances
What is the main difference between liquidated and unliquidated damages in tort law?
What is the main difference between liquidated and unliquidated damages in tort law?
What must be established to prove the tort of nuisance?
What must be established to prove the tort of nuisance?
What is the key factor that determines the standard of care expected from a defendant in a negligence case?
What is the key factor that determines the standard of care expected from a defendant in a negligence case?
In Roe V Minister Of Health, how did the court assess the defendant's breach of duty?
In Roe V Minister Of Health, how did the court assess the defendant's breach of duty?
What principle holds the defendant fully liable for the plaintiff's injuries, even if the injuries were aggravated by the plaintiff's particular vulnerability?
What principle holds the defendant fully liable for the plaintiff's injuries, even if the injuries were aggravated by the plaintiff's particular vulnerability?
In negligence claims, what is the Spandeck's Test used for?
In negligence claims, what is the Spandeck's Test used for?
In Bolston V Stone, what influenced the court's decision regarding the breach of duty of care?
In Bolston V Stone, what influenced the court's decision regarding the breach of duty of care?
What is a crucial factor in determining if a duty of care exists in negligence claims?
What is a crucial factor in determining if a duty of care exists in negligence claims?
What must be closely connected to the defendant's breach of duty for there to be liability?
What must be closely connected to the defendant's breach of duty for there to be liability?
What is the significance of the two-stage test mentioned in Smith v Littlewoods?
What is the significance of the two-stage test mentioned in Smith v Littlewoods?
What is one of the main reasons that might invalidate the finding of a duty of care according to McLoughlin v O'Brien?
What is one of the main reasons that might invalidate the finding of a duty of care according to McLoughlin v O'Brien?
What standard is used by courts to determine whether a duty of care has been breached?
What standard is used by courts to determine whether a duty of care has been breached?
