Key Terms

Question 0

What is contributory negligence?

Answer 0

Contributory negligence is where the claimant is at least in part responsible for the damage that was caused to them.

Question 1

What is vicarious liability?

Answer 1

Vicarious liability is when a person is injured by the actions of an employee at work but it is the employer who is sued.

Question 2

What is res ipsa ioquitur?

Answer 2

This means if the negligence is oblivious the burden of proof reverses so that the defendant has to proof there was no breach of the duty of care

Question 3

Name the 5 parts of the reasonable man standard?

Answer 3

1) the risk involved in the defendants conduct
2) the likelihood of damage occurring
3) the potential consequences of damage/injury
4) the means by which the risk could have been eliminated
5) the fact that the risk may be justified in the public interest

Question 4

Name a strict liability crime

Answer 4

Not renewing your tax disc

Question 5

Define strict liability

Answer 5

A crime that doesn’t have to have a mens rea

Question 6

What is occupiers liability?

Answer 6

When a person/company owe a duty of care to any visitors and trespassers on their land.

Question 7

What is the ‘thin skull rule’?

Answer 7

‘You take your victim as you find them’ meaning that if a more serious injury occurs than was intended because of a condition the victim has the defendant is still responsible for causing the full result of their actions