LA2020 Workshop 6

Res ipsa loquitor is Latin for

• "a fair hearing is required"

• "the matter speaks for itself"

• "burden of proof"

Under s. 12 of the Civil Liability Act 2003 (Qld), in deciding liability for breach of a duty, the plaintiff bears the onus of proving:

• beyond a reasonable doubt, any fact relevant to the issue of causation.

• on the balance of probabilities, any legal principle relevant to the issue of causation.

• on the balance of probabilities, any fact relevant to the issue of causation.

• beyond reasonable doubt, any legal principle relevant to the issue of causation.

Which section of the Civil Liability Act 2003 (Qld) states that all personal injury claims for damages are decided without a jury?

• Section 73

• Section 72

• Section 74

• Section 71

Section 21 of the Civil Liability Act 2003 (Qld) prescribes proactive and reactive duties of doctors to:

• warn of the Medicare gap

• warn of the medical bill

• warn of harm

• warn of risk

Section 22 of the Civil Liability Act 2003 (Qld) prescribes the standard of care for professionals

• False

• True

Section 22(2) of the Civil Liability Act 2003 (Qld) states that peer professional opinion cannot be relied on if the court is of the opinion that the opinion is:

• from peers living outside of Australia.

• irrational or contrary to a written law.

• from peers who don't have a social media account

• irrational or contrary to common law

Which section of the Civil Liability Act 2003 (Qld) states that peer professional opinion does not have to be universally accepted to be considered widely accepted?

• Section 22(4)

• Section 22(3)

• Section 22(1)

• Section 22(5)

In Schedule 2 of the Civil Liability Act 2003 (Qld), "damages":

• means personal injury

• includes any form of monetary compensation

• means physical damage

• means psychiatric illness

The effect of s. 7(5) of the Civil Liability Act 2003 (Qld) is:

• common law principles completely overrides the Act for civil claims for harm.

• the Act completely overrides common law principles for civil claims for harm.

• common law principles still apply in conjunction to the Act for civil claims for harm.

• Only High Court common law principles completely overrides the Act for civil claims for harm.

Section 11(1) of the Civil Liability Act 2003 (Qld) provides that a decision that a breach of duty caused particular harm:

• comprises the elements of factual causation and scope of liability

• comprises the elements of scope of liability and obvious risk

• comprises the elements of factual causation and obvious risk

• comprises the elements of scope of liability and negligence