BREACH OF DUTY

A principle which stems from the contract of employment. It is a strict form of liability in the sense that the authority may be liable for damages, even though it has not been personally negligent.

• duty of care

• proximity

• vicarious liability

• breach of duty

There must be a connection between defendant and the plaintiff

• causation

• proximity

• forseeability

• reasonableness

the courts denied the claim of a fireman injured in the course of a rescue; the emergency nature of the situation and the utility of saving a life outweighed the need to take proper precautions. Which of the following statements best suits this situation.

• the burden of taking precautions to avoid the risk of harm

• the social unity of the activity that creates the harm

• whether standard procedures in the profession have been followed

• none of the above

If a risk is particularly pronounced, then there will be an expectation that the reasonable person will act to prevent that risk from occurring. What is this called?

• forseeability

• magnitude of risk

• damage

• causation

In deciding whether a reasonable person would have taken precautions against a risk of harm, the court is to consider

• the probability that the harm would occur if care were not taken

• the likely seriousness of the harm

• the burden of taking precautions

• all of the above

The burden of taking precautions to avoid the risk of harm can involve

• how many people have been injured there before

• the chance of being inquired

• how costly and practically difficulty it would have been for the defendant to take steps to prevent injury.

• not leaving the house

The Donoghue and Stevenson case was instrumental in determining which principle?

• neighbour principle

• reasonably foreseeable principle

• the contract principle

• none of the above

the principle where persons who were closely and directly affected by the actions of another.

• forseeability

• duty of care

• reasonable person test

• The proximity principle.

an Act that applies to all types of claims in tort, including claims for personal injuries, economic loss and damage to property

• Civil Liabilities Act

• Criminal Code

• Negligence Act

• None of the above

Standard of Care is defined as?

• the amount of money it costs to provide care

• what the plaintiff thinks is quality care

• a reasonable amount of care

• the quality of care that is expected of the defendant.