lec 4

Question 1

what are the 2 important things for negligence

Answer 1

1. non intentional
2. the fault had to of been what causes the injury

Question 2

in what situation is a breach in duty of care acceptable

Answer 2

when its not reasonable to expect for the duty of care to be completed (think pothole example). but if its a place with a set amount of space then the beach is not ok

Question 3

what is the abc&d

Answer 3

a - duty of care
b - breach of duty of care
c - causation
&
d - damages

Question 4

what is misfeasance

Answer 4

where the act is unintentional and you cause harm

Question 5

whats non feasance

Answer 5

failure to act when you have a duty of care (think lifeguard)

Question 6

whats the good samaritan act

Answer 6

if a person tries to help they are not liable

Question 7

standard of care

Answer 7

used in donoghu v stenson snail in bottle case

Question 8

how to determine a resnoable person

Answer 8

its someone who upholds the standard of care of a responsible person

Question 9

causation and damages

Answer 9

you have to prove that the breach in duty of care caused the damages

Question 10

but for test

Answer 10

determines the causation. (but for running the red light the accident wouldnt happen)

Question 11

wahts the remotenes test

Answer 11

its for checking if a injury is likely

Question 12

main take away from mustafa v culligan

Answer 12

mustafas conditon was so remote (unliley) that culligan is not liable

Question 13

whats voluntary assumption of risk

Answer 13

this is for like sports and stuff

Question 14

whats the thin skull rule

Answer 14

you take your victim as you find them and that some people get more injured then others

Question 15

who is the plaintiff

Answer 15

the person who is suing

Question 16

who is the defendent

Answer 16

its in the name