c5 general

Question 1

define : duty of care - who?

Answer 1

duty of care is owed to someone with whom you had no contractual relationship with

every person owes a duty of care to their ‘neighbour’

Question 2

what is the purpose of a tort?

Answer 2

to put the person in the position that they would be in if the tort had not happened

remember: breach:
-as if the contract had taken place/no breach
-as if there was no reliance on the contract

Question 3

define tort

Answer 3

civil wrongdoing - damage has occurred but where there is no preexisting contractual relationship

Question 4

standard of care
ie trainee doctor: reasonable traniee doctor or reasonable qualified doctor

Answer 4

reasonable qualified doctor : lack of skill is not relevant

Question 5

what losses can someone claim for?

Answer 5

personal injury

damage to property

financial loss directly linked to such injury

NOT usually pure economic loss - but possible!

Question 6

what is res ipsa loquitur

Answer 6

facts speak for themselves - the defendant has to prove he is not guilty

• cause of damage is unknown
• damage would not have arisen without the defendant’s lack od care
• the thing which caused the damage was under the mgmt and control of the defendant

Question 7

per CA32006 - what happens if an auditor recklessly causes an auditor’s report to contain any matter that is misleading or false to a material extent?

Answer 7

it is an offence! punishable by a fine NOT imprisonment

Question 8

can an auditor have a liability provision against negligence in providing audited accounts?

Answer 8

no! automatically void

Question 9

what is contributory negligence?

Answer 9

where the defendent can show that the damage/loss was partly due to the claimant’s fault = reduce claimant’s damages in proportion to his degree of fault

Question 10

if an auditor recklessly causes an auditor’s report to contain any matter that is misleading or false to a material extent - per CA2006, can this be punishable by imprisonment?

Answer 10

no - fine only

Question 11

can an auditor have a liability limitation agreement against negligence in providing audited accounts?

Answer 11

yes! to a fair and reasonable event

Question 12

liability provision against negligence vs liability limitation agreement

Answer 12

provision - void
agreement - allowed if fair and reasonable

Question 13

what is the limitation period to bring an action in tort? damage

Answer 13

damage = 6 years (personal injury = 3)

Question 14

what is the limitation period to bring an action in tort? personal injury

Answer 14

personal injury = 3 years (damage = 6)

Question 15

UCTA: clauses excluding liability for death/injury by negligence

Answer 15

void

Question 16

UCTA: clauses excluding liability for damage (not death/injury) by negligence

Answer 16

sbuject to reasonable test