LA2020 Workshop 1

To succeed in an action for in negligence:

• The plaintiff must establish only two of the elements of negligence.

• The plaintiff must establish only one of the elements of negligence.

• The plaintiff must establish all the elements of negligence, and prove the defendant was at fault.

• The plaintiff does not need to prove the defendant was at fault.

An action in negligence:

• May require proof of loss or damage depending on the severity of the loss or damage.

• May require proof of loss or damage if the defendant insists on it.

• Does not require proof of actual damage.

• Generally requires proof of loss or damage.

How many essential elements are there to Negligence?

• Three

• Four

• Five

• Six

Which Loss Distribution approach do you prefer?

• Enterprise Liability: Where a defendant running a business, profiting from the activity resulting from harm, should be liable.

• Personal liability (individual liability): Where an individual takes responsibility for their own conduct.

What is the name of the civil liability legislation for negligence in Queensland?

• Civil Liability Negligent Torts Act 2003 (Qld)

• Civil Liability Negligence Act 2003 (Qld)

• Civil Liability Act 2003 (Qld)

• Civil Liability Torts Act 2003 (Qld)

Donoghue v Stevenson was about:

• a caterpillar in a bottle

• a snail in a bottle

• a frog in a bottle

• a cockroach in a bottle