Overall quiz of tort

  • Created by: Emma13
  • Created on: 21-03-17 18:53
What is the definition for negligence?
Breach of a legal duty of care owed by D to C which results in damage to C which was not intended by D.
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What is the test for breach in negligence and the authority for it?
Ordinary reasonable person test - Bylfe v Birmingham
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Which best describes what an intervening would do?
No act intervened between the defendants breach and the claimant's harm so as to break the chain of causation.
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The Wagon Mound stated what following question should be asked?
If the harm was not reasonably foreseeable to a normal person in D's position then it is too remote and C can't claim.
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Which is the best definition for trespass to the person?
An intentional and direct interference with the person or liberty of another.
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Which is the best definition for assault?
Intentional act which causes the claimant to reasonably apprehend the infliction of an imminent battery.
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Which is the best definition for battery?
The intentional and direct application of unlawful force on another.
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Which is the best definition for false imprisonment?
An intentional and complete restraint on liberty without lawful justification.
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What is the test for whether information is private?
Threshold test - whether there is reasonable expectation of privacy such as to engage art 8.
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Which statute provides liability for visitors?
Occupiers Liability Act 1957.
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Which best describes what an Occupier is?
The person who has control over the premises.
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Which best describes who a visitor is?
A lawful visitor is a person who is on the premises with the express or implied permission of the occupier.
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Which best describes the duty owed to visitors?
To take such care as is reasonable in all circumstances to see the visitor is reasonably safe in using the premises for the purpose for which he is permitted to be there.
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What is the standard of care for an occupier?
Reasonable care.
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Which statute provides liability for trespassers?
Occupiers Liability Act 1984.
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When will a duty arise for trespassers?
If the occupier has knowledge of the danger, knowledge that a person may encounter danger and would be reasonable to expect occupier to offer some protection from danger.
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What is the scope of duty owed by an occupier to a trespasser?
The Occupier owes a duty to take reasonable care to see that the non-visitor does not suffer injury
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What is the duty of care owed to consumers in product liability and what is the authority?
Donoghue v Stevenson - Manufacture owes a d.o.c to consumer to see the product reaches the c in the same condition as it left the M without immediate intervention.
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Other cards in this set

Card 2

Front

What is the test for breach in negligence and the authority for it?

Back

Ordinary reasonable person test - Bylfe v Birmingham

Card 3

Front

Which best describes what an intervening would do?

Back

Preview of the front of card 3

Card 4

Front

The Wagon Mound stated what following question should be asked?

Back

Preview of the front of card 4

Card 5

Front

Which is the best definition for trespass to the person?

Back

Preview of the front of card 5
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