Chapter 2 - Negligence - The ABC Rule (Common Law)

Question 0

What does “prima facie” mean?

Answer 0

On the face of it or at first glance

Question 1

What three rules need to be met in order for a plaintiff to succeed in court

Answer 1

A - A duty of care exists
B - Breach of that duty occurred
C - Causal relationship between the breach and the damages is shown

Question 2

What case gave us the definition of negligence?

Answer 2

Blyth v. Birmingham Water Works

Question 3

Define negligence

Answer 3

Negligence is the omission to do something which a reasonable person, would do, or doing something which a prudent and reasonable person would not do

Question 4

What case defined the reasonable person?

Answer 4

Arland v. Taylor

Question 5

Define the “reasonable person”

Answer 5

• he is not extroadinary or unusual
• he is not superhuman
• he is not required to posses the highest skill
• he is not a genius
• he is not possessed with unusual powers of foresight

Question 6

What case defined the neighbour principle?

Answer 6

Donahue v. Stevenson

Question 7

Who is my neighbour?

Answer 7

Persons who are so closely and directly affected by my actions, that I should have had them in my thoughts when I acted or chose not to act

Question 8

What are the 4 main entrants developed by law?

Answer 8

Trespasser
Licensee
Invitee
Contractual entrant

Question 9

What is a trespasser?

Answer 9

One who wrongfully enters onto someone’s land without right or permission to be there

Question 10

What must occupies treat trespassers with?

Answer 10

Common humanity

Question 11

What is a child trespasser treated as?

Answer 11

Licensee

Question 12

What is a licensee?

Answer 12

A person that enters upon land with the consent of the occupier

Question 13

What is an invitee?

Answer 13

A person who enters onto the premises with the permission when the occupier has some financial or other material interest in the matter

Question 14

What is a contractual entrant?

Answer 14

A person that enters onto premises under a contract with the occupier, such as a hotel guest or a theatre goer

Question 15

What vase established strict liability?

Answer 15

Rylands v. Fletcher

Question 16

What must the plaintiff show in order for strict liability to apply?

Answer 16

• the occupier used the land in a way that changed its natural use
• the occupier brought something into the land that was likely to do mischief if it escaped
• the escape of the dangerous thing did escape
• the escape resulted in the damage to the plaintiff

Question 17

When are parents legally responsible for their children?

Answer 17

• when the child acts on the express instruction of the parent, or under their authority
• when the child was employed by the parent and acting within the scope of their employment
• damage was caused by a dangerous thing or animal that the parent allowed the child to control

Question 18

What is the most common example of a Bailee?

Answer 18

Drycleaner

Question 19

How do you prove a case based on breach of statute?

Answer 19

• the statute must have been breached
• the conduct which was a breach must also have caused the damage
• the statute must have been intended to prevent the damage that occurred
• the person making the claim must be among the group that the statute was created to protect

Question 20

What are the two cases that gave us the idea of foreseeability?

Answer 20

Polemis and Furness Withy & Co Ltd & the Wagon Mound Case

Question 21

What is proximate cause?

Answer 21

An uninterrupted chain of events without intervention of another main cause from the initial act to the conclusion

Question 22

What are special damages?

Answer 22

Monetary awards for out if pocket expenses such as doctors bills, damaged clothing, and wages already lost

Question 23

What are general damages?

Answer 23

Compensation for non monetary hard to quantify aspects of a claim

Question 24

What are nominal damages?

Answer 24

Awards when the plaintiff has a right to action but has suffered not real loss, a nominal amount such as $1 is awarded

Question 25

What are punitive damages?

Answer 25

Damages awarded as punishment to the defendant where reckless or wilful behaviour is a factor