Negligence and Duty of Care

In the tort of negligence there must be a contractual relationship between the plaintiff and the defendant.

• True

• False

Who does the burden of proof in a negligence action rest with?

• Defendant

• Plaintiff

The rule that states that a defendant must take the person who has suffered the injury as they find them is called the ________ _____ rule.

To establish whether a duty of care exists, the courts will apply the _________ test (established in Donoghue v Stevenson).

The _____ _________ Act 2003 (Qld) ensures that people who are injured as the result of negligence can seek redress through the courts.

The standard of proof used in civil cases is referred to as the _______ of probabilities.

Which of the following owe a duty to another person?

• Doctor to a patient

• Driver to other road users

• School to students

• All of the above

Which section of the Civil Liability Act 2003 (Qld) codifies the 2nd element of negligence: breach of duty?

• 8

• 9

• 10

• 11

The notion of closeness in space, time or relationship is referred to as _________.

Negligence is falling below the standard of what is considered reasonable by the ________ person.