Disciplinary Cases Flashcards
1
Q
Negligence:
A
Breach of legal duty of care owed by defendant to claimant resulting in damage to claimant undesired by defendant
2
Q
Part of Civil Law:
A
Solicitor, barrister, judge - one professional judging another
Factual witness - present at time of incident
Expert witness - provide objective unbiased opinion on matters w expertise
3
Q
Factual Witness
A
Info on observed facts
Present at time
4
Q
Professional Witness
A
Factual evidence on observed events
No opinion
Witness of fact who is professionally qualified
5
Q
Expert witness
A
Expert opinion about facts
Not present at incident
Act as independent witness
6
Q
Negligence - ABCD:
A
A - a duty of care
B - breach of duty
C - causation
D - defence
7
Q
Reducing the Risk of Negligence Claims:
A
- Act in best interest of clients
- Warn clients of all potential risks
- Keep workspace safe
- Find all info before proceeding
- Only use tools & equipment for intended purpose
- Properly train staff and ensure properly certified
- Proper maintenance and supervision
- Dont advise outside of ability
- Never share confidential data
- Professional indemnity insurance
