KCC Yr 10 Legal Studies QLD Negligence

Folie 1

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

Folie 2

• Answer 1 The neighbour principle

Folie 3

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

Folie 4

• 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)

Folie 5

• Q 3 Explain what vicarious liability relates to

Folie 6

• 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.

Folie 7

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

Folie 8

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

Folie 9

• Q5 Name the precedent case with full citation for negligence

Folie 10

• Answer 5
• Donoghue v Stevenson (1932)

Folie 11

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

Folie 12

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

Folie 13

• Q7 There are three factors for proximity. Name all three

Folie 14

• 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)

Folie 15

• Q8 What test is associated with the neighbour principle?

Folie 16

• Answer 8
• The reasonably foreseeable person test

Folie 17

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

Folie 18

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

Folie 19

• Q 10 Name two defences available for negligence

Folie 20

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