Negligence Revision

Name the two purposes of negligence law.

• To transfer the loss of a party to the person who caused the loss

• Deter members of society from engaging in unsafe behaviour by imposing heavy penalties

• Compensate an injured party

• Make the plaintiff prove the defendants actions were negligent

The standard of proof to establish civil liability is

• Beyond reasonable doubt

• On the balance of probabilities

• Beyond reasonable probability

The neighbour principle was developed to determine..

• Duty of care

• Breach

• Damage

The objective of the award of damages is to..

• Punish the unsuccessful party

• To spread the loss among the community

• To restore the successful party to its original position

Which of the following is NOT an element needed to prove negligence?

• duty
• damages
  
• intent
• causation

Which of the following have a duty to another person?

• all of these

• a driver to other drivers

• a parent to a child

• a restaurant owner to a customer

Which of the following is an example of negligence?

• hitting a robber with a baseball bat
• accidentally running over a pedestrian
• forcing a child into a closet and keeping them locked up
• spreading rumors to ruin the reputation of a coworker

Which of the following is NOT an example of a Tort?

• Negligence

• Nuisance

• Trespass

• Medical

What does it mean when a case is 'distinguished' in terms of precedent?

• The facts are significantly different to the precedent case.

• The case is much more important than the precedent case

The Donoghue v Stevenson case is relevant to which element of negligence?

• Duty of Care

• Breach of duty of care

• Damages