Week 5 Special Duty Of Care

Question 1

True or False: Australian law recognises a principle of parental immunity from liability in negligence for causing harm to the child?

Answer 1

False

Question 2

The DoC owed by an employer to its empoyees is a duty to:

Answer 2

Avoid exposing the employees to unnecessary risks of injury arising from the place of work,
Avoid exposing the employees to unnecessary risks of injury arising from the system of work and
Avoid exposing them to unnecessary risks of injury arising from equipment

Question 3

True or false: An occupier will only owe a DoC to a lawful entrant and not a trespasser?

Answer 3

False

Question 4

In what circumstances will a medical practioner have a duty to warn a patient of a material risk inherent in proposed treatment?

Answer 4

Where the risk is material, as determined by reference to a reasonable person in the patients position or by the significance the particular patient would attach to the risk

Question 5

True or False: Under 14B(3) of the wrongs act 1958 (vic), an occupier of premises owe a duty to take reasonable care to see that any person on the premises will not be injured by reason of the state of the premises or things done or omitted to be done in relation to the state of the premises

Answer 5

True

Question 6

Does a parent owe a child a general DoC to supervise all activities

Answer 6

No

Question 7

True or False: The expectations of active protection in the parent/child r/ship are higher than in the education authority/pupil r/ship?

Answer 7

False

Question 8

In what circumstances wil an education authority owe a DoC to a pupil

Answer 8

During school hours and while the pupil is on school premises, Before school hours if the school has adopted a practice of allowing its pupils into school premises and away from school premises if the school has become aware of a particular danger to its pupils.

Question 9

What did a majority of the highcourt decide in Australian Safeway store V Zaluzna 1987?

Answer 9

An occupier will owe a duty to take reasonable care to avoid foreseeable risks of injury to other persons on the land

Question 10

Does a DoC to supervise children extend to persons who are not parents of the child

Answer 10

No

Question 11

On what basis can a school authority be liable for the negligence of school teachers?

Answer 11

On the basis of vicarious liablity and based on the personal non-delegable duty of the commonwealth (or school authority)

Question 12

Can Parents be held vicariously liable for their childs torts?

Answer 12

No, tortious liability may only be established on the basis of the parents personal fault