Duty Of Care And Professional Negligence

Question 1

What are the 4 principles pertaining negligence?

Answer 1

1. The defendant owed the plaintiff a duty of care
2. The defendants conduct fell below the standard expected
3. As a result of the breach, the plaintiff stuffed damage
4. That the damage the plaintiff is complaining about is a REASONABLY FORESEEABLE consequence of the defendants negligent act

All elements must be proven, otherwise the action fails

Question 2

Defences to action of negligence

Answer 2

• no duty of care owed
• what the defendant did or did not do was reasonable
• plaintiffs suffered no damage
• no casual relationship between breach of duty and damage- damage was not reasonably foreseeable
• contributory negligence
• voluntary assumption of risk

Question 3

Vicarious liability

Answer 3

• Concerns financial responsibility and the employer/employee relationship
• following principles have to be determined:
  ~ that the person was an employee
  ~ the negligent act arose in the course and scope of employment

Question 4

Good Samaritan

Answer 4

• nurses have no legal duty to render assistance in an emergency outside of work
• protection from civil liability under the Act
• as long as reasonable care and skill is exercised

Question 5

Professional negligence

Answer 5

• an area of civil law, known as a ‘tort’ (civil wrong)

- other examples include trespass and defamation