Torts

Question 1

Duty of care

Answer 1

• ‘love thy neighbour’
• you must not injure your neighbour
• persons so closely and directly affected by my act
• ought reasonably to have considered them as being affected
• when directing my mind to the acts or omission in question

Question 2

Standard exceptions for duty of care

Answer 2

1. Special circumstances, defendant acting in emergency situation
2. Work done requires special skill, standard of care is raised
3. Particular class of society i.e. defendant is a child

Question 3

Tort considerations

Answer 3

1. Magnitude of risk: greater the risk, the more care should be taken
2. Likelihood of injury: people bound to reasonable, not fantastic probabilities
3. The graver the consequences of failure to take care, the greater the degree of care to be taken

Question 4

Defences to negligent action

Answer 4

1. Voluntary assumption of risk
2. Contributory negligence
3. Exclusions of liability
4. Limitation of actions

Question 5

Voluntary assumption

Answer 5

1. Act freely and voluntarily
2. Have full knowledge of the risk
3. Accept that he, not the defendant, undertakes responsibility for the risk