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Tort (from PGDL) Exam 2024 | PGDL Tort Actual Exam 2024 Questions and Correct Answers Rated A+
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Tort (from PGDL) Exam 2024 | PGDL Tort Actual Exam 2024 Questions and Correct Answers Rated A+
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Tort (from PGDL) Exam 2024 | PGDL TortActual Exam 2024 Questions and Correct
Answers Rated A+
What is test for determining whether a duty should be imposed (if no
precedent)? -ANSWER-Was the harm suffered reasonably
foreseeable? Was relationship between claimant & defendant
sufficiently proximate? Is it fair, just & reasonable to impose a duty?
What are policy considerations court will take into account when
assessing whether it is fair just & reaosnable to impose a duty? -
ANSWER-Floodgates, insurance, crushing liability, deterrence,
maintenance of high standards, defensive practices
Is there a general duty to avoid omissions? -ANSWER-No
What are 5 exceptions to rule that there is no duty to avoid omissions?
-ANSWER-1. Where there is a statutory duty; 2. Where there is a
contractual duty; 3. Where the defendant has sufficient control over
the claimant; 4. Where the defendant assumes responsibility for the
claimant's welfare; 5. Where the defendant created the risk through
omission
What are 4 exceptions to rule that there is no duty to prevent third
parties causing harm? -ANSWER-1. There is sufficient proximity
between defendant and claimant; 2. There is sufficient proximity
between defendant and third party; 3. The defendant created the
danger; 4. The risk was on the defendant's premises
,What is general rule applicable to public bodies re duty of care? -
ANSWER-Public bodies may owe a duty of care where principles
applicable to private individuals would impose a duty
What is standard of care for normal people? -ANSWER-Whether
standard of care fell below that of a reasonable person doing the
same act as the D
What is professional standard of care? -ANSWER-Ordinary
reasonable man exercising and professing to have that special skill
What is standard of care for children? -ANSWER-That of a reasonable
child of the defendant's age
What are 7 factors relevant to determining whether there has been a
breach? -ANSWER-Likelihood of harm, Magnitude of harm,
Practicality of precautions, Benefit of D's conduct, Common practice,
'state of the art' defence, Sport
3 conditions for res ipsa loquitur to apply? -ANSWER-1. Thing causing
damage was under control of defendant or someone they are
responsible for; 2. Accident would not normally happen without
negligence; 3. The cause of accident is unknown to the claimant
How to determine if professional has fallen below standard of care? -
ANSWER-Not if acted in accordance with a practice accepted as
proper by a responsible body of professionals skilled in that field
What is test for establishing breach in a case of failure to advise of
risks? -ANSWER-Materiality test
, What is materiality test? -ANSWER-Medical professionals are under a
duty to ensure patient is aware of any material risks involved in the
recommended treatment. A material risk is one which the reasonable
person in the patient's position would be likely to attach significance
to.
What is first test for factual causation? -ANSWER-But for test
What is appropriate test for factual causation where unsure of 'but for'
result and is a single exposure (mesothelioma/asbestos) case? -
ANSWER-Material increase in risk test
What is appropriate test for factual causation where unsure of 'but for'
result & there are multiple cumulative causes? -ANSWER-Material
contribution test
What is appropriate test for factual causation where there are multiple
independent causes? -ANSWER-But for test
What is the material contribution test? -ANSWER-On the balance of
probabilities, did the defendant's breach make a material (more than
negligible) contribution to the claimant's disease?
What is material increase in risk test? -ANSWER-On the balance of
probabilities, did the defendant's breach materially increase the risk of
the injury?
What is effect where there is a first tortious event, then a second
tortious event but no additional damage? -ANSWER-D1 is liable, D2 is
not liable
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