Torts 2 Week 2

What is the correct order of negligence?

• Duty of care, causation, defences, breach of duty and damages

• Causation, breach of duty, duty of care, damages and defences

• Breach of duty, duty of care, causation, defences and damages

• Duty of care, breach of duty, causation, defences and damages

• Defences, damages, causation, duty of care and breach of duty

The Australian Institute of Health and Welfare account for how many injuries?

• 575,345 hospitalisations in 2023-24

• 15,332 deaths in 2022-23

• 6.4% of health spending in 2022-23

What is an adverse event?

• An incident in which harm resulted to a person receiving health care

• An incident in which no harm was incurred but health care was given

• A subset of adverse patient safety events that are wholly preventable and result in serious harm to, or death of, a patient

• An incident in which harm resulted to a person who did not receive health care

What are some examples of an adverse event?

• Infections

• Reactions or complications due to surgery and other interventions, medical devices or medication

• Falls and other injuries

• Being admitted to the hospital

A subset of adverse patient safety events that are wholly preventable and result in serious harm to, or death of, a patient. What kind of event is this?

• Sentinel

• Adverse

What kind of arguments are policy arguments?

• Substantial arguments

• Differential arguments

• Normative arguments

• Standard arguments

What is a policy argument?

• Arguments about what the rights and obligations of individuals ought to be

• These arguments underpin and justify statements about what the legal rights and obligations of corporations are

• These arguments underpin and justify statements about what the legal rights and obligations of individuals are

• Arguments about what the obligations of individuals ought to be

What is a tort?

• A term applied to a more connected group of civil wrongs other than breach of contract for which a court of law will affords a remedy in the form of an action for damages

• A term applied to a less connected group of civil wrongs other than breach of contract for which a court of law will affords a remedy in the form of an action for damages

• A term applied to a more or less unconnected group of civil wrongs other than breach of contract for which a court of law will affords a remedy in the form of an action for damages

Damage and damages are the same

• False

• True

Hawkins v Clayton determined...

• The principle objects of the law of torts are to deter wrongdoing, to compensate losses arising from conduct contravening social accepted values, and where appropriate to distribute losses among those in the community best able to afford them

• The principle objects of the law of torts are to deter crimes, to compensate losses arising from conduct contravening social accepted values, and where appropriate to distribute losses among those in the community best able to afford them

• The principle objects of the law of torts are to deter contract negotiations, to compensate losses arising from conduct contravening social accepted values, and where appropriate to distribute losses among those in the community best able to afford them