Quiz: Chapter 4 Flashcards
From the laws of which country had the American law of contracts adopted a new doctrinal base about a century before Holmes developed his tripartite taxonomy of torts?
France.
Fred had never been on a train before. The station where he had to board the train had a track-level crossing and, after asking someone which platform to use, he began to cross the tracks. Then he heard someone cry out and, thinking someone was calling to him, turned round to see who it was. He was unable to identify whom it might have been but continued to stand on one of the tracks while he looked at those on the platform. Then some of the crowd started waiving and shouting at him, and he waived and shouted back. Then Fred was hit by a train, and bits of his body flew in all directions. His head hit Amy. Did Fred owe Amy a duty of care?
Yes, because Amy was in the zone of danger.
Which of the following is not a reason why the doctrine of duty of care is defined more restrictively in cases of economic loss than physical harm?
Claims of economic loss cause losses for liability insurers.
Holmes modeled his tripartite taxonomy of torts on the law in which country?
Germany.
Mr. Smith was in financial difficulties, but did not wish his wife to know. He sought to obtain a new, larger mortgage on the house that they owned together, and forged his wife’s signature on the relevant documents. He had those documents notarized by a friend, who knew both Smiths but who did not bother to check Mrs. Smith’s forged signature. Mr. Smith has since died, and Mrs. Smith now finds herself faced with much bigger mortgage payments than she expected — payments she cannot hope to meet without her husband’s income to augment her own. Did the notary owe her a duty of care?
Yes, because the notary knew that Mrs. Smith would be affected by the documents.
What is the point of establishing a prima facie case?
It creates a rebuttable presumption that the plaintiff should succeed.
Victor was injured when he stepped into the road without looking. Davina had been driving his truck down the same road and was unwrapping a chocolate bar as she approached the spot where Victor was crossing. Consequently, she did not see Victor until it was too late. Swerving, she almost managed to avoid Victor, but caught him a glancing blow before careening off into a paint factory owned by Sally. Davina’s truck was full of chemicals which, when mixed with the paint, caused an explosion that damaged the factory and its contents extensively. Did Davina owe a duty to Sally?
Yes, because Sally’s factory was next to the road.
Joe caused a traffic accident by driving too fast. Esmi saw Joe cause the accident, she and feared that he was going to drive into her. What is the legal position?
Joe owed Esmi a duty of care, provided that her fear was reasonable.
What did Durkheim mean by “mechanical solidarity”?
A society in which social solidarity is maintained by the similarity of each person’s experiences with those of his or her neighbor.
Does an auditor owe a duty of care to a prospective investor in the company that the auditor is auditing?
Yes, but only if s/he has a special relationship with the prospective investor.
Joe causes a traffic accident by driving too fast. As a result, a nearby bridge is closed for two days to be checked for damage. Several businesses lose income because potential buyers cannot get to their stores. What is the legal position?
Joe committed negligence in causing the traffic accident, but committed no tort to the businesses.
What did Durkheim mean by “organic solidarity”?
A society in which we are all mutually interdependent.
Which of the following doctrines of the tort of negligence is not affected by some aspect of foreseeability?
Factual Causation.
Victor was injured when he stepped into the road without looking. Davina had been driving her truck down the same road and was unwrapping a chocolate bar as she approached the spot where Victor was crossing. Consequently, he did not see Victor until it was too late. Swerving, she almost managed to avoid Victor, but caught him a glancing blow before careening off into a paint factory owned by Sally. Did Davina owe Victor a duty of care?
Yes, because Victor was standing in the road.
The concept of duty of care is important because:
Without it, everyone would always owe a duty to everyone else.
