Su had just passed her driving test when she negligently drove into a pedestrian. What standard of care will Su be judged by?
A The objective standard of a newly qualified driver, lack of experience will be taken into account
B The objective standard of a competent driver, lack of experience will not be taken into account
C The subjective standard of actual ability
In relation to the tort of negligence, which TWO of the following criteria are required to establish the existence of a duty of care?
(1) The claimant suffered a financial loss
(2) The harm suffered was reasonably foreseeable
(3) A relationship of proximity existed between the parties
(4) The claimant did not consent to cause the injury suffered
A (1) and (2)
B (1) and (3)
C (2) and (3)
D (2) and (4)
Where a business includes a term in a contract which excludes liability for death and personal injuries through negligence, which of the following states the effect of the term?
A It is invalid
B It is invalid unless it is reasonable in the circumstances of the case
C It is valid only if specifically brought to the attention of the other party
D It is valid if it is clearly included in the contract terms
In relation to the TORT OF NEGLIGENCE, explain:
(a) the standard of care owed by one person to another;
In relation to the tort of negligence, explain
(a) the meaning of ‘duty of care’;
(b) the standard of care owed by one person to another.
In the context of the law of torts explain:
(a) the general meaning of tort;
(b) the specific meaning of the torts of:
(i) negligence;
(ii) passing off.
In relation to defences to the tort of negligence, explain the meaning of:
(a) contributory negligence;
(b) volenti non fit injuria (consent).
In relation to liability under the tort of negligence explain:
(a) the standard of care owed by one person to another;