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Torts Classification and Negligence Elements

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Torts Classification and Negligence Elements

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Questions and Answers

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?

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?

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?

Liquidated damages are pre-determined amounts while unliquidated damages are decided by court judgment Signup and view all the answers

What must be established to prove the tort of nuisance?

Interference with the plaintiff's use and enjoyment of their land Signup and view all the answers

What is the key factor that determines the standard of care expected from a defendant in a negligence case?

The likelihood of the injury occurring Signup and view all the answers

In Roe V Minister Of Health, how did the court assess the defendant's breach of duty?

By analyzing the defendant's skill level compared to other professionals Signup and view all the answers

What principle holds the defendant fully liable for the plaintiff's injuries, even if the injuries were aggravated by the plaintiff's particular vulnerability?

Eggshell skull principle Signup and view all the answers

In negligence claims, what is the Spandeck's Test used for?

Determining the factual foreseeability Signup and view all the answers

In Bolston V Stone, what influenced the court's decision regarding the breach of duty of care?

The likelihood of the injury occurring Signup and view all the answers

What is a crucial factor in determining if a duty of care exists in negligence claims?

The foreseeability of harm to the plaintiff Signup and view all the answers

What must be closely connected to the defendant's breach of duty for there to be liability?

The loss or damage suffered by the plaintiff Signup and view all the answers

What is the significance of the two-stage test mentioned in Smith v Littlewoods?

Evaluating the duty of care owed by the defendant Signup and view all the answers

What is one of the main reasons that might invalidate the finding of a duty of care according to McLoughlin v O'Brien?

Public policy considerations Signup and view all the answers

What standard is used by courts to determine whether a duty of care has been breached?

The expectations of standard of care Signup and view all the answers