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Flashcards in Responsibilities Deck (18):

What is TORT? What purpose does it serve?

a type of civil wrong. Plaintiff brings action against respondent (usually compensation)
two purposes: to compensate injured persons whose injuries result from fault of others
to inhibit undesirable activities likely to inflict injury


What duty of care do you owe to your horse? Can 2 people have DOC?

5 freedoms
yes e.g. agistment


Before an action in negligence can succeed, what needs to be established?

4 D's:
Duty- duty was owed to plaintiff
Dereliction- there was a breach of that duty (professional knowledge determines this=>reasonable care)
Damage- plaintiff suffered loss or damage as result
Directness- there was a direct relationship b/w breach of duty & damage that was forseeable


What is the neighbour principle?

you must take reasonable care to avoid acts or omissions which you can foresee would be likely to injure your neighbour


What is reasonable care? example?

refers to knowledge levels of industry professional standards e.g. work place protocols, rules of comp.


What is the duty of non-maleficence?

above all do no harm


Defence to negligence claims include?

Intervening factors
contributory negligence
voluntary assumption of risk


What are intervening factors?

the act of another has broken the chain of causation, thus rendering the original negligent act too remote from the damage suffered.


What is contributory negligence?

actions of the plaintiff contributed to the harm or damage


What is voluntary assumption of risk?

When a person chooses to take part in a dangerous activity & they bear the risk that is a normal part of such an activity


What is vicarious liability?

a way of shifting responsibility to the employer. the VL of employer is limited to acts done by employee in course of employment


What is non-delegable duty of care?

an employer's direct liability to both clients & workers e.g. to have safe systems of work


What is negligence?

Occurs when a person is harmed unintentionally by another's carelessness


What is due diligence?

directors of committees need to demonstrate they have taken all reasonable steps to prevent foreseeable loss or injury


What is duty of care? What is it based upon?

moral or legal obligation to ensure the safety or well-being of others
based upon the neighbour principle


What does an industry code of practice determine?

what the standard of care is. Higher st. of care for paid services


What is an industry code of practice?

sets safe industry standard, guidelines for industry


what is standard of care?

acceptable knowledge, relationship b/w two people.
Greater professional knowledge =>higher expectation of duty of care to others