Final Exam - Tort / Risk Management

Question 1

Define Tort

Answer 1

a Civil wrong

Question 2

4 Types of Tort

Answer 2

• Negligence
• Nuisance
• Trespass
• Defamation

Question 3

What is the most common type of Tort?

Answer 3

• Negligence

Question 4

Define - Negligence

Answer 4

an absence of care

Question 5

What 3 step process / elements results in negligence?

Answer 5

o A duty of care is owed
o There is a breach of the duty (standard of care)
o Loss or damage is suffered as a result of the breach

Question 6

If something happens to a civilian by an employee, you sue the _______

Answer 6

Employer (who is responsible for the actions of their employees)

Question 7

Define vicarious liability

Answer 7

One person is held liable for the acts or omissions of another person

Question 8

2 types of risk (unavoidable and avoidable)

Answer 8

Inherent risks (unavoidable)
Obvious risks (avoidable)

Question 9

Do you need to provide a warning for obvious risks?

Answer 9

No

- Presumption of awareness
of ‘obvious risk’ (s5G) so, in general, no need to provide a warning (s5H)

Question 10

Is there a liability for a dangerous recreational activity with obvious risks involved?

Answer 10

No liability whether aware or not (Civil Liability Act)

Question 11

Is a duty of care owed for a recreational activity?

Answer 11

No duty of care for recreational activity if risk warning provided

Question 12

Heads of Damage: What 3 monetary examples of compensation are there?

Answer 12

o Monetary loss suffered up to verdict
o Loss of earning capacity for future
o Other monetary loss resulting from needs created by the tort (future medical expenses)

Question 13

Heads of Damage: What 3 non-economic examples of compensation are there?

Answer 13

o Pain and suffering past and future
o Loss of enjoyment of life past and future
o Loss of expectation of life

Question 14

Define Occupier’s Liability

Answer 14

Occupier owes a duty to persons entering the premises to ensure they are not dangerous

Question 15

3 elements that help define an occupier (for Occupier’s Liability)

Answer 15

o Depends on control over the premises not ownership
o Level of duty is commensurate with level of control
o There can be more than one occupier

Question 16

• In determining liability, the court will consider whether (2 points)

Answer 16

o The defendant has a risk assessment system in place to identify and respond reasonably to “hazards” in its area of control or
o Whether it took reasonable steps to ascertain the existence of dangers which might reasonably be suspected to exist.

Question 17

Define Negligent misstatement

Answer 17

A duty to avoid making careless statements that could harm a person

Question 18

What 4 elements may create negligent misstatement?

Answer 18

1. Misrepresentation is made
2. Loss reasonably foreseeable as a consequence of the misstatement
3. Reasonable to rely on the information
4. Assumption of responsibility by provider of information

Question 19

Tort Law: What 2 elements create Nuisance

Answer 19

• Interference with the reasonable use and enjoyment of land

- Interference must be sustained and unreasonable and actual damage incurred

Question 20

4 steps of risk management

Answer 20

1. Risk Identification
2. Risk Evaluation/Analysis
3. Risk Treatment (includes minimisation)
4. Risk Maintenance

Question 21

Exclusion clauses can exclude liability for personal injury. Must provide 2 things:

Answer 21

1. Notice

2. Precise – cover the situation