WorksheetsLA2020 Synth 2
Total questions: 20
Worksheet time: 15mins
LA2020 Torts B focuses on
the Tort of Defamation
the Tort of Negligence
the Tort of False Imprisonment
the Tort of Battery
Which one of these is an element of the Tort of Negligence?
The plaintiff owes a duty of care to children
Duty of care is owed by the plaintiff to the defendant
Duty of care is owed by the defendant to the plaintiff
The jury determines whether it's the plaintiff or defendant who owes the duty of care
One of the features of the Tort of Negligence is:
The facts are highly specific
All negligence cases are heard in the High Court
All negligence cases are weighed in favour of the plaintiff
All negligence cases deal with criminal acts
Which of these an element of the Tort of Negligence
The defendant is unaware of the duty of care
The defendant has breached the duty of care
The plaintiff has breached the duty of care
Someone other than the plaintiff or the defendant has breached the duty of care
Which one of these is an element of the Tort of Negligence?
The breach of the duty of care caused the required harm to the plaintiff
The breach of the duty of care caused major harm to the defendant
The defendant was unaware that the plaintiff suffered harm
The breach of the duty of care caused any type of harm to the plaintiff
Which is true of the Tort of Negligence?
Only a King's Counsel can represent a defendant in a plaintiff case.
The plaintiff can succeed if two elements (duty of care, causation) are met.
Negligence court trials are always televised to the public
All three elements (duty of care, breach, causation) must be met for the plaintiff to succeed
What is the main difference between Trespass and Negligence?
Direct interference is required for trespass
Direct interference is required for neglience
The High Court only hears negligence cases
The District Court only hears trespass cases
The Civil Liability Act 2003 (Qld) legislates for
Defamation
Personal injury
Trespass
Cybercrime
Duty of care is:
A question for forensic inquiry
A question of law
A question of fact
A question relating to civil liberties
The Civil Liability Act 2003 (Qld) was enacted mainly in response to:
Pressure from the insurance industry
Pressure from the legal profession
Pressure from civil liberties groups
Pressure from information technology specialists
The case of Donoghue v Stevenson is known as the:
Snail in the bottle case
Snake in the bottle case
Squirrel in the bottle case
Seahorse in the bottle case
What was the principle that emerged from Donughue v Stevenson
The industrial relations principle
The friend principle
The acquaintance principle
The neighbour principle
The term "duty of care" is
Mentioned in a small number of sections of the Civil Liability Act 2003 (Qld)
Mentioned in most sections of the Civil Liability Act 2003 (Qld)
not mentioned at all in the Civil Liability Act 2003 (Qld)
is mentioned in a small number of sections of the Civil Liability Act 2004 (Qld)
Which of the following is an established category of duty of care?
Doctor-patient
TikTok celebrity-fan
Movie star-fan
Politician-voter
Schedule 2 of the Civil Liability Act 2003 (Qld) defines a duty of care to mean:
a duty to take care with discretion
a duty to take reasonable care or to exercise reasonable skill (or both duties)
a duty to take cautionary care with reasonable skill
a duty to exercise skill
Now that the duty care comes under the Civil Liability Act 2003 (Qld)
the duty of care still operates through common law principles
the duty of care no longer operates through common law principles
the duty of care is bound by case law from the USA
the duty of care is bound by case law from the UK
To succeed in an action for the tort of negligence:
The plaintiff must prove all three elements of the tort
the defendant must disprove all the three elements of the tort
the judge must determine whether the plaintiff or the defendant has the burden of proof
the jury must determine whether the plaintiff or the defendant has the burden of proof
In Cole v South Tweed Heads Rugby League Football Club, the majority judges adopted the:
the enterprise individualism approach
individual responsibility approach
the enterprise approach
a hybrid of the individual responsibility/enteenterprise approach
In Cole v South Tweed Heads Rugby League Football Club, the minority judges adopted the:
enterprise approach
individual approach
individual-enterprise approach
enterprising individual approach
Courts always apply the three elements of tort in sequence, i.e. duty of care first, breach of duty second, and causation third.
False
True
