Legal Studies Quiz - Tort Law

1. Case Study:
After surgery, a patient realises that a pair of scissors has been left inside them. They decide to sue the hospital they went to for negligence. Who is the plaintiff in the case?

The hospital

The patient

The patient is the plaintiff in the case because they are the one filing the lawsuit against the hospital for negligence. As the injured party, they are seeking legal action and compensation for the harm caused by the hospital's negligence in leaving a pair of scissors inside them during surgery.

Explanation

The patient is the plaintiff in the case because they are the one filing the lawsuit against the hospital for negligence. As the injured party, they are seeking legal action and compensation for the harm caused by the hospital's negligence in leaving a pair of scissors inside them during surgery.

2. Case Study:
A pedestrian crossed a road without looking, and consequently was hit by a speeding car. The pedestrian sued the driver for negligence. What defence may the driver use?

Remoteness of Damage

Absolute Privilege

Legalised by prescription

Contributory Negligence

Justification

The driver may use the defense of contributory negligence. Contributory negligence is a legal doctrine that states if the plaintiff's own negligence contributed to their injuries, they may be barred from recovering any damages from the defendant. In this case, the pedestrian crossed the road without looking, which can be seen as negligent behavior. Therefore, the driver can argue that the pedestrian's own negligence contributed to the accident and should be held partially responsible for the injuries.

Explanation

The driver may use the defense of contributory negligence. Contributory negligence is a legal doctrine that states if the plaintiff's own negligence contributed to their injuries, they may be barred from recovering any damages from the defendant. In this case, the pedestrian crossed the road without looking, which can be seen as negligent behavior. Therefore, the driver can argue that the pedestrian's own negligence contributed to the accident and should be held partially responsible for the injuries.

3. In the case of Anderson, et. al v. PG&E, 1993, who is the defendant?

The defendant in the case of Anderson, et. al v. PG&E, 1993 is PG&E, which stands for Pacific Gas and Electric.

Explanation

The defendant in the case of Anderson, et. al v. PG&E, 1993 is PG&E, which stands for Pacific Gas and Electric.

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4. Negligence, defamation and trespass are all kinds of tort law. What is the fourth type?

Negligence, defamation, trespass, and nuisance are all types of tort law. Nuisance refers to a legal concept where an individual's use or enjoyment of their property is interfered with by another party's actions. This interference can be in the form of noise, pollution, or other disturbances that cause inconvenience or harm. Nuisance cases often involve disputes between neighbors or businesses, and the affected party can seek legal remedies to stop or prevent the interference.

Explanation

Negligence, defamation, trespass, and nuisance are all types of tort law. Nuisance refers to a legal concept where an individual's use or enjoyment of their property is interfered with by another party's actions. This interference can be in the form of noise, pollution, or other disturbances that cause inconvenience or harm. Nuisance cases often involve disputes between neighbors or businesses, and the affected party can seek legal remedies to stop or prevent the interference.

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5. Which of the following is a principle of defamation?

Duty of care breached

Statement refers to the plaintiff

The defendant committed an act/omission which caused inconvenience to the plaintiff

Absolute Privilege

The principle of defamation states that a statement refers to the plaintiff. Defamation occurs when false information is communicated to a third party, damaging the reputation of the plaintiff. In this case, the statement is directly related to the plaintiff, indicating that it is defamatory.

Explanation

The principle of defamation states that a statement refers to the plaintiff. Defamation occurs when false information is communicated to a third party, damaging the reputation of the plaintiff. In this case, the statement is directly related to the plaintiff, indicating that it is defamatory.

6. What is the type of tort law in McDonald’s Restaurants v. Morris & Steel, 1990?

The correct answer is defamation, specifically libel. In the case of McDonald's Restaurants v. Morris & Steel, 1990, the type of tort law involved was defamation, which refers to the act of damaging someone's reputation through false statements. In this case, it was specifically libel, which refers to defamation in written or printed form.

Explanation

The correct answer is defamation, specifically libel. In the case of McDonald's Restaurants v. Morris & Steel, 1990, the type of tort law involved was defamation, which refers to the act of damaging someone's reputation through false statements. In this case, it was specifically libel, which refers to defamation in written or printed form.

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