KCC Yr 10 Legal Studies QLD Negligence

Q 1   What important principle did the Donoghue v Stevenson case establish?    

Answer 1 The neighbour principle

Q 2  There are various types of legislation that can be useful in civil disputes. Name two of them

Answer 2 1. Civil Liability Act 2003 2. Limitation of Actions Act 1974 3. Work Health & Safety Act 2001 (Qld) 4. Civil Dispute Resolution Act 2011 (Cth) 5. Civil Proceedings Act 2011 (Qld)

Q 3 Explain what vicarious liability relates to

Answer 3 Someone is held responsible for the acts or omissions of another person. Employers can be vicariously liable for the actions/omissions of their employees, if the damage occurred during the course of employment.

Q 4   If duty of care is going to be proven what two elements must be present?

Answer 4 1. The reasonably foreseeable person test 2. Proxmity

Q5 Name the precedent case with full citation for negligence

Answer 5  Donoghue v Stevenson (1932)

Q 6 If negligence is going to be proven there must be three main elements present. Name these.

Answer 6  1. Duty of Care 2.Breach of Duty  3.Damages (injury)

Q7  There are three factors for proximity. Name all three

Answer 7 1. Time and space 2. Relationships between the parties (consider special relationships as well, which involve power imbalances) 3. Causation (damage is foreseeable)

Q8 What test is associated with the neighbour principle?

Answer 8  The reasonably foreseeable person test

Q9 There are four types of damages (injury) identified with negligence. Name these.  

Answer 9  1. Physical/psychological 2. Pain and suffering 3. Property damage 4. Economic loss past and future

Q 10  Name two defences available for negligence

Answer 10    1. Volenti non fit injura  2. Contributory Negligence