Flashcards on Law of Torts: Principles and Defenses
Law of Torts: Principles and Defenses for Students
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Negligence
33 cards
Card 1
Question: What is the standard of care required from professionals and experts in negligence cases?
Answer: The standard is that of a reasonably competent professional (the reasonable professional standard).
Card 2
Question: What is the legal purpose of the 'reasonable man' concept in negligence?
Answer: It is an artificial concept developed to promote objectivity; it is independent of personal subjectivity and prejudices.
Card 3
Question: What must a plaintiff prove to establish breach of duty in negligence?
Answer: That the defendant acted negligently by specific acts or omissions breaching the legal duty of care, supported by evidence.
Card 4
Question: What is res ipsa loquitur and when is it applied?
Answer: A doctrine where negligence is presumed without direct evidence because the event 'speaks for itself' under certain conditions.
Card 5
Question: List the requirements for res ipsa loquitur from the provided content.
Answer: 1) Absence of explanation by the plaintiff; 2) The event does not ordinarily occur with proper care; 3) The instrument/object causing harm was exclusi
Card 6
Question: Give the example provided for res ipsa loquitur and its outcome.
Answer: In Scott v London and St Catherine’s Dock, a customs officer was injured by falling sugar bags in the defendant's warehouse; res ipsa applied so the p
Card 7
Question: What must the plaintiff prove regarding loss or damage in a negligence claim?
Answer: That as a result of the defendant’s breach of duty he suffered loss or damage.
Card 8
Question: How is remoteness of damage determined in negligence?
Answer: If the plaintiff’s loss is not traceable to the defendant’s breach of duty it is deemed remote and not recoverable.
Card 9
Question: When is a defendant reasonably liable for loss in negligence?
Answer: When the loss was reasonably foreseeable from the defendant’s acts or omissions.
Card 10
Question: What example illustrates foreseeability of damage?
Answer: In Bradford v. Robinsons Rental Co. Ltd, exposure to extreme cold at work led to frostbite; the defendants were liable because frostbite was reasonabl