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WorksheetsProving Liabilities in Negligence
Total questions: 10
Worksheet time: 4mins
Res ipsa loquitur is the legal theory applied exclusively to cases involving?
defective medical products
intentional torts
negligence
respondent superior
Choose one of the criterias that must be established for the doctrine of res ipsa loquitur to apply in negligence
The defendant failed to act as a reasonable person would
The defendant must be able to control or manage the situation
The defendant's employees are responsible for the harm
The harm was a foreseeable result of the defendant's activities
Res ipsa loquitur can be applied in cases of negligence where the evidence od causation is inaccessible to the plaintiff
True
False
The effect of the application of res ipsa loquitur is?
To put the burden wholly on the defendant to disprove negligence beyond reasonable doubt
To ensure that the claimant wins his case
To allow both parties to assume certain facts despite lack of proof
The legal burden of proof remains with the claimant
A legal theory that imposes liability on those who are engaged in ultrahazardous activity is known as?
gross negligence
strict liability
intentional torts
contractual liability
These are the four matters the claimant must show to establish the rule in Rylands v Fletcher, EXCEPT:
The defendant did not act as the reasonable person would
A dangerous thing escaped the land due to non-natural use
The defendant is the occupier of the land
Reasonably foreseeable damage was caused
The defendant used his land in a non-natural way
The defendant must demonstrate THIS to establish contributory negligence; choose the correct statement with regards to contributory negligence
The claimant breached a duty of care owed to the defendant
A third party negligently contributed to the occurrence of the damage or its extent
The claimant acted in a reasonable manner
The claimant's lack of care contributed to the occurance of the damage or its extent
Sarah fell from a rambutan tree and went to an emergency room for treatment. Her diagnosis was a compound fracture of the left arm. She was taken to surgery. The fracture was set, and while under anesthesia, her arm was placed in a cast. After being discharged from the hospital, she followed all directions given by the treating physician. After six weeks the cat was removed and it was obvious that the arm was grossly deformed. Sarah's best option would be to file an action using which theory?
strict liability
negligence
negligence with res ipsa loquitur
intentional torts
If the defendant wants to plead the defence of volenti non fit injuria, he must prove the following, EXCEPT:
the claimant has made a complaint about the risk
the claimant knows about the risk
the claimant consents to the risk
the claimant is fully aware of the risk
Choose the FALSE statement with regards to general defences in torts:
An act of God, may be defined as an extraordinary occurrence or circumstance which could not have been foreseen but could have been guarded against
The defence of inevitable accident refers to an accident not avoidable by any such precautions as a reasonable man, doing such an act then and there, could be expected to take
For a defence of necessity to be applicable, a great danger must be imminent, or that the act was done in order to save lives
Statute may absolve defendant's liability subject to certain requirements that may differ from one statute to another, from one matter to another
