WorksheetsCivil Law Quiz 1
Total questions: 10
Worksheet time: 5mins
Negligence is the ________ of a person's duty of care to another person.
failure
breach
element
damage
Who owes a duty of care in this situation?
Students
Teacher
School
Teacher and School
School and Students
Identify the missing element of Negligence
The defendant must of a duty of care the plaintiff
The defendant must breach this duty by failing to meet the required standard of care
Damage to the plaintiff must not be caused by the breach of the duty of care
Damage to the plaintiff may be caused by the breach of the duty of care
Damage to the plaintiff must be caused by the breach of the duty of care
Damage to the defendant must be caused by the breach of the duty of care
The standard of proof in a civil action is
the onus of proof
the balance of probabilities
beyond reasonable doubt
what the prosecution must prove
The doctrine of precedent means that
Judges can follow the decisions of higher courts in the hierarchy
Judges can't follow the decisions of higher courts in the hierarchy
Judges should try and follow the decisions of higher courts in the hierarchy
Judges must follow the decisions of higher courts in the hierarchy
Ratio decidendi is
the reason for the judge's decision
the onus of proof
the first element of the tort of negilgence
a civil lawsuit
Who has the onus of proof in a civil law action?
Balance of probabilities
Prosecution
Plaintiff
Defendant
Precedent
is binding on all courts
is persuasive and does not have to be followed
can be both binding and persuasive
isn't a real word
This case established the....
precedent of wild and tame animals
you can't trust an opaque bottle
the onus of proof
The neighbour principle
The elements of the duty of care are
1.The defendant should owe a duty of care to the plaintiff
2.The defendant must breach this duty by failing to meet the required standard of care.
3.Damage to the plaintiff must not be caused by the breach of the duty of care
1.The defendant must owe a duty of care to the plaintiff
2.The defendant must breach this duty by failing to meet the required standard of care.
3.Damage to the plaintiff can be caused by the breach of the duty of care
1.The plaintiff must owe a duty of care to the defendant
2.The defendant must breach this duty by failing to meet the required standard of care.
3.Damage to the plaintiff must be caused by the breach of the duty of care
1.The defendant must owe a duty of care to the plaintiff
2.The defendant must breach this duty by failing to meet the required standard of care.
3.Damage to the plaintiff must be caused by the breach of the duty of care
1.The defendant must owe a duty of care to the plaintiff
2.The defendant must breach this duty by meeting the required standard of care.
3.Damage to the plaintiff must be caused by the breach of the duty of care
