
Omissions and Duty to Act
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Other
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University
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Practice Problem
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Julia Meachem
Used 2+ times
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10 questions
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1.
MULTIPLE CHOICE QUESTION
20 sec • 1 pt
Which is the best definition of 'nonfeasance'?
Not doing anything.
Positive act of wrongdoing.
2.
MULTIPLE CHOICE QUESTION
45 sec • 2 pts
'The careless or malevolent person, who stands mute and still while another heads for disaster, generally incurs no liability for the damage the latter suffers': McHugh J in Pyrenees Shire Council v Day.
To what is McHugh J referring?
Misfeasance
Nonfeasance
3.
OPEN ENDED QUESTION
1 min • 3 pts
What are three policy reasons militating against a duty to act?
Evaluate responses using AI:
OFF
4.
FILL IN THE BLANK QUESTION
1 min • 4 pts
Generally, there is no duty to act. However, sometimes there will be a duty to act to protect or rescue others. A duty to act will be imposed where there is a __________ ___________________ between the P and D.
5.
MULTIPLE SELECT QUESTION
45 sec • 5 pts
Which of the following relationships may give rise to a duty to protect?
Occupiers to entrants
Doctors to patients
Prison authorities to prisoners
Zookeepers to animals
6.
MULTIPLE SELECT QUESTION
1 min • 6 pts
Do the parties have to be in a recognised 'special relationship' (eg parent/child) for a duty to be imposed?
No
No, because it is not the relationship that gives rise to the duty
It is the nature of the relationship that makes it more likely a duty will be imposed (eg presence of 'assumption of responsibility', 'reasonable reliance', etc)
Yes
7.
OPEN ENDED QUESTION
2 mins • 10 pts
Referring to the case of Crimmins v Stevedoring Industry Finance Committee (1990) 200 CLR 1, what is one salient feature that should be present for a special relationship to exist between a statutory authority and the plaintiff?
Evaluate responses using AI:
OFF
Answer explanation
The authority has the ability to control risk; P was vulnerable.
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