Breach of Duty - Negligence

What are the elements of a negligence claim

• Knowledge

• Breach

• Causation

• Damages

• Duty

Who decides what standard of care is required by the law?

• Plaintiff

• Defendant

• Judge

• Jury

Who decides whether the defendant met the reasonable person standard of care?

• Plaintiff

• Defendant

• Judge

• Jury

The test to determine whether a doctor is negligent is subjective, not objective.

• True

• False

Doctors must have and use the ______, _______, and _____ the ordinarily possessed and employed by members of the profession.

• Knowledge, Skill, and Care

• Age, intelligence, and experience

• Cucumbers, Squash, and George Washington

Violating industry practice can be:

• Evidence of negligence

• Negligence per se

• Res Ipsa Loquitur

• Cognito Ergo Sum

There must be a connection between defendant and the plaintiff

• causation

• proximity

• forseeability

• reasonableness

If a risk is particularly pronounced, then there will be an expectation that the reasonable person will act to prevent that risk from occurring. What is this called?

• forseeability

• magnitude of risk

• damage

• causation

In deciding whether a reasonable person would have taken precautions against a risk of harm, the court is to consider

• the probability that the harm would occur if care were not taken

• the likely seriousness of the harm

• the burden of taking precautions

• all of the above

The Donoghue and Stevenson case was instrumental in determining which principle?

• neighbour principle

• reasonably foreseeable principle

• the contract principle

• none of the above