FPL W44

Question 1

What does obligation mean?

Answer 1

To do or give something.

Question 2

What are the three categories of obligations?

Answer 2

Moral, social and legal obligations

Question 3

What are legal obligations?

Answer 3

Legal obligations are duties and responsibilities that are established and enforced by the legal system of a particular jurisdiction, typically outlined in laws, regulations and contracts.

Question 4

Are legal obligations binding?

Answer 4

Legal obligations are binding, and failure to fulfil them can result in legal consequences, such as fines, penalties or legal action.

Question 5

What is the range of legal obligations?

Answer 5

Legal obligations van encompass a wide range of areas, including contractual obligations (arising from agreements between parties), criminal obligations (to abide by criminal law), and civil obligations (related to civil law matters, such as torts and property rights).

Question 6

What origins of obligations are there in private law?

Answer 6

Contract and Tort.

Question 7

What is tort/fault?

Answer 7

A tort is a wrongful act or conduct, or an infringement of a right, leading to legal liability.

Question 8

Why does/should tort lead to legal liability?

Answer 8

Tort leads to legal liability to provide efficient compensation and deterrence.

Question 9

What does tort mean as a category of civil cases?

Answer 9

Torts are a category of civil cases that provide a legal remedy for individuals or entities who have suffered harm due to the wrongful actions or negligence of others.

Question 10

What is the main purpose of tort law?

Answer 10

The main purpose of tort law is to compensate the injured party for the harm they have suffered.

Question 11

What are intentional torts?

Answer 11

Intentional torts occur when a person intentionally engages in conduct that harms another, such as assault, battery or defamation.

Question 12

What are negligence torts?

Answer 12

Negligence torts occur when someone’s failure to exercise reasonable care results in harm to others. It’s one of the most common forms of tort.

Question 13

What are strict liability torts?

Answer 13

Strict liablility torts do not require proof of intent or negligence but hold a party liable for certain activities that are inherently dangerous, like ultrahazardous activities.

Question 14

Define Tort of Negligence.

Answer 14

Negligence is a tort that occurs when a person or entity breaches their duty of care, resulting in harm or injury to another party. It involves a failure to exercise reasonable care in a specific situation.

Question 15

What are the elements required to prove a negligence claim

Answer 15

1. Duty of Care
2. Breach of Duty
3. Causation
4. Harm/Damages

Question 16

Define Duty of Care.

Answer 16

Duty of Care represents a legal obligation imposed on individuals or entities to take reasonable care in their actions to prevent foreseeable harm or injury to others. It is a cornerstone of negligence claims and plays a critical role in establishing liability.

Question 17

What are the 8 examples of people with a duty of care.

Answer 17

1. Medical professionals
2. Drivers
3. Property owners
4. Manufacturers
5. Employers
6. Teachers and schools
7. Common carriers
8. Landlords

Question 18

Explain the duty of care of medical professionals.

Answer 18

Doctors, nurses and other healthcare providers owe a high standard of care to their patients, including to provide appropriate medical treatment, informed consent, and accurate diagnosis.

Question 19

Explain the duty of care of drivers.

Answer 19

Motorists have a duty of care when operating their vehicles to follow traffic laws and drive safely to avoid accidents. Failing to follow traffic laws or driving recklessly can breach this duty.

Question 20

Explain the duty of care of property owners.

Answer 20

Property owners have a duty of care to maintain safe premises for visitors, including to address known hazards, keep walkways clear, and providing adequate security.

Question 21

Explain the duty of care of manufacturers

Answer 21

Product manufacturers have a duty of care to ensure their products are safe for consumers. If a defective product causes harm, the manufacturer may be held liable for breaching its duty.

Question 22

EmExplain the duty of care of employers.

Answer 22

Employers have a duty of care to provide a safe work environment for their employees, including to provide proper training and safety equipment, and addressing known workplace hazards.

Question 23

Explain the duty of care of teachers and schools.

Answer 23

Educators and educational institutions owe a duty of care to students, including to provide a safe and secure learning environment and taking measures to prevent foreseeable harm.

Question 24

Explain the duty of care of common carriers.

Answer 24

Common carriers, such as airlines or public transport providers, have a heightened duty of care towards passengers, including to take precautions to ensure passenger safety during travel.

Question 25

Explain the duty of care of landlords

Answer 25

Landlords have a duty of care to maintain their rental properties in a safe and habitable condition for tenants and visitors, including to address issues like structural problems or safety hazards.

Question 26

Explain Breach of Duty.

Answer 26

In a negligence claim, the second requirement is to demonstrate that the defendant breached their duty of care, meaning the defendant failed to meet the standard of care that a reasonable person would’ve observed in the same circumstances.

Question 27

What are the two important factors for breach of duty?

Answer 27

A. Standard of care / Objective standard
B. The Reasonable Person Test

Question 28

What is standard of care?

Answer 28

Standard of care represents the level of care and caution that a reasonable person would have exercised in a similar situation.

Question 29

Does standard of care vary depending on the circumstances?

And clarify.

Answer 29

The standard of care varies depending on the circumstances. For example, the standard of care for a medical professional is higher than for an ordinary person.

Question 30

Is the standard of care objective or subjetive?

And clarify.

Answer 30

The standard of care is objective, meaning it’s based on what the reasonable person would do in the same situation. It doesn’t consider the defendant’s individual characteristics or knowledge. The key question is whether the defendant’s actions or omissions met this objective standard.

Question 31

What is the reasonable person test?

Answer 31

The reasonable person test is used to determine whether a breach of duty occurred, asking whether a reasonable person would’ve acted differently to prevent harm.

Question 32

What was the decision made in the Donoghue v Stevenson case?

Answer 32

The court established the “neighbour principle”, holding that individuals must take reasonable care to avoid acts or omissions that might reasonably foreseeably injure their neighbours.

Question 33

What was the impact of the Donoghue v Stevenson case?

Answer 33

This case broadened the scope of liability and established that manufacturers have a duty of care not only to immediate buyers but to all those who might reasonably be affected by their products. (leading to Product Liability)