WorksheetsLA2020 Workshop 6
Total questions: 11
Worksheet time: 6mins
Res ipsa loquitor is Latin for
"a fair hearing is required"
"the matter speaks for itself"
"burden of proof"
Under s. 12 of the Civil Liability Act 2003 (Qld), in deciding liability for breach of a duty, the plaintiff bears the onus of proving:
beyond a reasonable doubt, any fact relevant to the issue of causation.
on the balance of probabilities, any legal principle relevant to the issue of causation.
on the balance of probabilities, any fact relevant to the issue of causation.
beyond reasonable doubt, any legal principle relevant to the issue of causation.
Which section of the Civil Liability Act 2003 (Qld) states that all personal injury claims for damages are decided without a jury?
Section 73
Section 72
Section 74
Section 71
Section 21 of the Civil Liability Act 2003 (Qld) prescribes proactive and reactive duties of doctors to:
warn of the Medicare gap
warn of the medical bill
warn of harm
warn of risk
Section 22 of the Civil Liability Act 2003 (Qld) prescribes the standard of care for professionals
False
True
Section 22(2) of the Civil Liability Act 2003 (Qld) states that peer professional opinion cannot be relied on if the court is of the opinion that the opinion is:
from peers living outside of Australia.
irrational or contrary to a written law.
from peers who don't have a social media account
irrational or contrary to common law
Which section of the Civil Liability Act 2003 (Qld) states that peer professional opinion does not have to be universally accepted to be considered widely accepted?
Section 22(4)
Section 22(3)
Section 22(1)
Section 22(5)
In Schedule 2 of the Civil Liability Act 2003 (Qld), "damages":
means personal injury
includes any form of monetary compensation
means physical damage
means psychiatric illness
The effect of s. 7(5) of the Civil Liability Act 2003 (Qld) is:
common law principles completely overrides the Act for civil claims for harm.
the Act completely overrides common law principles for civil claims for harm.
common law principles still apply in conjunction to the Act for civil claims for harm.
Only High Court common law principles completely overrides the Act for civil claims for harm.
Section 11(1) of the Civil Liability Act 2003 (Qld) provides that a decision that a breach of duty caused particular harm:
comprises the elements of factual causation and scope of liability
comprises the elements of scope of liability and obvious risk
comprises the elements of factual causation and obvious risk
comprises the elements of scope of liability and negligence
Factual causation in s. 11(1) of the Civil Liability Act 2003 (Qld) means:
the breach of duty was one condition of the occurrence of the harm
the breach of duty was a necessary condition of the occurrence of the harm
the breach of duty was a necessary condition of the obvious risk
the breach of duty was a necessary condition of the occurrence of negligence
