4009CLS Workshop 5 - Tort I

What is a tort?

• A criminal wrong

• A yummy cake

• A civil wrong

• A mistake

Which branch of law does tort law fall under?

• Criminal Law

• Civil Law

Answer explanation

It is a civil law claim as it involves two or more parties.

Which of the following is NOT a key element in proving the tort of negligence?

• Defendant (D) owed Claimant (C) a duty of care

• C owed D a duty of care

• There was a breach of the duty of care

• The damage caused was reasonably foreseeable

Answer explanation

It is the C that owes a duty of care to the D. It is actually the D that owes a duty of care to C.

Give an example of where you might owe a duty of care to someone.

Which case established the neighbour principle?

• Home Office v Dorset Yacht (1970)

• Evans v Triplex Safety Glass (1936)

• Caparo v Dickman (1990)

• Donoghue v Stevenson (1932)

Answer explanation

The snail in the bottle case!

The loss or harm caused must have been reasonably ____________

As a trainee accountant, your friend approaches you and asks you for some accounting advice for their kickstarter business. The advice you give them is incorrect and they now want to sue you. Are they allowed to hold you to the same standard as a trained accountant?

• Yes

• No

Answer explanation

Yes, they are! Learners are generally held to the same standards as professionals.

With professional negligence cases involving skilled professionals, who is the defendant's standards held to?

• A reasonably competent person in the same profession

• An expert in the same profession

• The judge presiding over the case

• A trainee in the same profession

What does the term "proximity" mean in the tort of negligence?

• Physical closeness

• How close the damage was from the claimant's property

• Legal closeness

• Acting as a legal proxy when the damage occurred

Answer explanation

Remember, legal closeness includes personal relationship between the parties, the length of time between events and if goods have been tampered with. Proximity varies in each case.

Doctors owe a duty of care even when off duty.

• True

• False

Answer explanation

No, there is no "Good Samaritan" law in the UK, so there is no obligation to help in an emergency but doctors may feel the ethical obligation to provide assistance if off duty.