Question 1

What explanations have been suggested for the fact that,generally,damages are not available to compensate for pure economic loss sustained as a result of negligence?

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Question 2

Negligence is said to be a very common tort action in the commercial world.Provide three examples of a negligence action that could give rise to a claim for injury or loss.

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Question 3

Briefly describe how a prima facie duty of care is established.

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Question 4

What is the question posed in Step 3 of the negligent action process? Identify and briefly describe how that question is sometimes dealt with by the legal community.Include a brief indication of how and what the courts have adapted to more easily discern the needed information at this stage of the process.

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Question 5

Identify and briefly explain the manner in which negligence law is similar to tort law in general.Include a brief explanation of how this similarity is accomplished in negligence law.

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Question 6

Identify the four steps to an action for the tort of negligence and explain the significance of establishing an affirmative response at each step in the process.What specific considerations will apply if the case at bar presents a novel situation?

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Question 7

The thin skull principle is the standard applied to judge whether a person's conduct in a given situation is negligent.

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The thin skull principle is used to determine the extent of damages a defendant must compensate for, not to judge whether their conduct was negligent. It holds that a defendant must take their victim as they find them, meaning if the victim has a pre-existing condition that makes them more susceptible to injury, the defendant is liable for the full extent of the injury caused, not just what would have been expected in a healthier person.

Question 8

In what ways does the tort of negligence differ from strict liability?

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Question 9

Identify and briefly describe what a defendant must show in order to successfully rely on the defence of volenti non fit injuria.Include a brief explanation of the major significance of this defence to commercial liability insurers.

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Question 10

Does the standard of care test require all defendants in a particular situation to demonstrate the same degree of care? Explain.

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Question 11

Becky's carelessness while driving resulted in serious injuries to an elderly individual in another car.While a younger person might have sustained only minor physical injuries,the elderly plaintiff's pre-existing osteoporosis resulted in severe injuries.Explain how the thin skull rule will apply in this case.

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Question 12

In tort law,the term "neighbour" is considered to imply a relationship that exists between the defendant's conduct and the plaintiff's loss or injury.

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Quiz 11: The Tort of Negligence