Torts 2 Week 7

What are some recognisable categories of damage?

• Physical damage/personal injury

• Economic loss

• Psychological damage

Which section or sections under the CLA defines harm?

• s 4

• s 6

• s 4 + sch 2

• s 6 + sch 2

The loss of a chance of a better outcome is recognised as 'damage' under every type of negligence, i.e., occupiers and employers liability

• True

• False

Who bears the onus of proof for causation?

• The plaintiff

• The defendant

• The Judge

Contributory negligence is where...

• More than one defendant can 'cause' a harm

• Only one defendant can 'cause' a harm

• A plaintiff may also 'cause' a harm

• A plaintiff only 'cause' a harm

The 'but for' test is used to determine breach of duty

• True

• False

What sections correctly make up causation?

• Factual causation (ss 11(1)(a), 11(2)) + scope (s 11(3))

• Factual causation (ss 11(1)(b) and 11(4)) + scope (ss 11(1)(a), 11(2) and 11(3))

• Factual causation (s 11) + scope (ss 12 and 13)

• Factual causation (ss 11(1)(a), 11(2) and 11(3)) + scope (ss 11(1)(b) and 11(4))

s 11(1)(a) of the CLA provides the 'but for' test but what is this test asking?

• What would have happened if the defendant didn't do X or took precaution Y? Would the plaintiff's injury still have happened if things were different?

• What would have happened if the defendant did do X or took precaution Y? Would the plaintiff's injury still have happened if things were different?

• What would have happened if the plaintiff didn't do X or took precaution Y? Would the defendant's injury still have happened if things were different?

What is s 11(2) used for?

• To establish factual causation, only in exceptional cases, where factual causation can be established on the 'but for' test, under s 11(1)(b)

• To establish factual causation, only in exceptional cases, where factual causation can be established on the 'but for' test, under s 11(1)(a)

• To establish factual causation, only in exceptional cases, where factual causation cannot be established on the 'but for' test, under s 11(1)(b)

• To establish factual causation, only in exceptional cases, where factual causation cannot be established on the 'but for' test, under s 11(1)(a)

The test for s 11(3) is both a subjective and objective test

• True

• False