Law of negligence

Question 1

Negligence

Answer 1

A failure to exercise the care that a reasonably prudent person would exercise in like circumstances

Question 2

The law of negligence

Answer 2

Negligence consists of a breach of duty wherein the breach proximally cayses an injury to a party whom the duty is owed. ({ failure of what we didnt do causes harm to someone.)

Question 3

Four main elements of negligence are

Answer 3

Existence of duty of care
Breach of the duty
Injury resulting from the breach
Proximate cause of the injury by the breach

Question 4

Duty of CAre

Answer 4

Everyone has a duty to take reasonable care to avoid causing injury to those to whom the duty is owed.
The definitions and degrees of the duties and the consequences of breaching them, constitute the laws of negligence, also known as the law of torts.

Question 5

Two kinds of torts

Answer 5

Intentional and unintentional

Question 6

Reasonable PErson

Answer 6

Uses careful and thoughtful behavior has at least some common sense, and is entitled to expect reasonable conduct from others.
avoids endangering others, shies away from follishness, and is entitled.
Not used when judging mentally ill or children.

Question 7

The purposes of Tort Law

Answer 7

Regulation
Deterrence
Compensation
Dispute resolution
Education
Prevention

Question 8

Intentional Tort

Answer 8

Assault, battery, trespass, conversion, false imprisonment, intentional infliction of mental suffering, deceit, intentional interference with contact.

Question 9

Defences to the intentional torts

Answer 9

Consent, Self-defence, Defence of property, defence of a third person, necessity, legal authority, lack of intention

Question 10

Unintentional Torts

Answer 10

Unintentional negligence is found when the tortfeasor is presumed not to have intended the resulting injury. The any accident, negligence can occur in the twinkling of an eye and be perpetrated by the most well intentioned people.

Question 11

Foreseeability and proximate cause

Answer 11

The general rule is that a person is liable for negligence only if the consequences of the act were reasonably forseeable
To succeed in a lawsuit for negligence, a plaintiff must prove on a balance of probabilities that the defendants act, or failure to act, was the proximate cause of the injury.

Question 12

Voluntary assumption of risk

Answer 12

A person who participates in an activity knowing that injury could result is said to have voluntarily assumed a risk.
For this to occur the following has has sto take place:
The plaintiff :
Knew about the risk
Understood the risk
Had a choice to avoid the risk
Voluntarily assumed the risk
The defendant was not in breach of a statutory duty from which the injuries flowed.

Question 13

Waivers and disclaimers

Answer 13

Contracts in which one party agrees that he understands the risks, agrees to proceed notwithstanding the risks, and usually agrees not to hold the other party liable in the event of injury.

Question 14

Vicarious Liability

Answer 14

Employers are responsible for the action of their staff while on the job.

Question 15

Negligent Misrepresentation

Answer 15

A person may be liable for making negligent statements
Liability may follow if a person negligently gives advice or information knowing the recipient intends to rely on it, and the recipient does rely on it to their detriment

Question 16

Passing off

Answer 16

A business or person can be liable to if they try to pass off their goods and services in such a way that reasonable members of the public would be misled into thinking they were dealing with another business or person who offers the same or similar good or services.

Question 17

Defanation

Answer 17

It is tortious to publicize false statements about a person that lower his or her existing reputation in a community. Slander is verbal defamation and libel is written defamation.
If someone defames a business, product, or property it is called “Injurious Falsehood”

Question 18

Private Nuisance

Answer 18

A continuing and unreasonable interference with the beneficial use of anothers land

Question 19

Public Nuisance

Answer 19

Something that affects people in general.

Question 20

Manufacture and service of food

Answer 20

A food service operator may be found liable for preparing or serving contaminated food.

Question 21

No person shall sell an article of food that …

Answer 21

Has in or on it any poisonous or harmful substance
Is unfit for human consumption
Consists in whole or in part of any filthy, putrid, disgusting, decomposed animal or vegtable substance
Is adulterated
Was manufactured, prepared, preserved, packaged or stored under unsanitary conditions.

Question 22

Sales of goods Legislation

Answer 22

Implied warranties:
The vendor owns the goods and has the right to sell them
The goods reasonably correspond to their description or samples
The goods are of measurable quality
The goods are reasonably fit for their intended purposes.

Question 23

Occupiers Liability

Answer 23

An occupier is any person having possession of, control over, or responsibilty for the premises.
An occupier has duty owed to invitees, licensees and trespassers.

Question 24

Prevention of Negligence Claims

Answer 24

Standard operating procedures
Staff training
Regulatory adherence
Record keeping
Waivers and disclaimers
Releases
Insurance