Torts 2 Week 7

The plaintiff needs to show injury, loss or harm which the law recognises as compensable...

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

The civil burden of proof is...

• Beyond a reasonable doubt

• On the balance of probabilities

Who bears the onus of proof for causation?

• The plaintiff

• The defendant

• The Judge

Which section determines who bears the onus of proof?

• s 14

• s 18

• s 12

• s 20

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 'causes' a harm

Wallace v Kam determined the common sense test is not apart of Australian negligence law

• True

• False

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

• True

• False