Business Law Chapt 9

What is the purpose of tort law?

• To punish the tortfeasor

• To compensate the injured party

• To establish legal injury

• To define common law

Which of the following is an example of an intentional tort?

• Product liability

• Professional negligence

• Negligent misrepresentation

• Defamation

What is the key characteristic of negligence?

• Intentional action

• Planned action

• No injury created

• Unintentional action with injury created

In the case of Donoghue v Stevenson, what did the House of Lords establish?

• The modern law of negligence

• The concept of intentional torts

• The duty of care in contract law

• The definition of statutory law

According to Lord Atkin in Donoghue v Stevenson, who is considered a 'neighbour' in tort law?

• Any person affected by the defendant's act

• Only individuals with a close relationship to the defendant

• Only individuals who are directly harmed by the defendant

• Any person who is physically close to the defendant

What is the three-fold test established in Caparo Industries plc v Dickman for a duty of care to arise in a negligence action?

• Reasonable foreseeability, relationship of proximity, and fair liability

• Reasonable foreseeability, reasonable person standard, and causation

• Reasonable person standard, relationship of proximity, and fair liability

• Reasonable foreseeability, relationship of proximity, and reasonable person standard

How is breach of the duty of care determined?

• By the defendant's intentional harm to the plaintiff

• By the defendant's failure to meet the required standard of care

• By the defendant's lack of foreseeability

• By the defendant's lack of causation

Who is the 'reasonable person' in the reasonable person test?

• An ordinary person without any particular skill

• A highly skilled professional

• A person with legal expertise

• A person with medical knowledge

What does foreseeability refer to in a negligence case?

• The defendant's ability to anticipate the specific result of an action

• The plaintiff's ability to predict the defendant's actions

• The defendant's knowledge and experience in the circumstances

• The plaintiff's ability to foresee the injury or loss

What is causation in a negligence case?

• The defendant's breach of duty of care

• The plaintiff's injury or loss

• The direct connection between the defendant's actions and the plaintiff's injury or loss

• The defendant's ability to foresee the consequences