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Flashcards in Responsibilities Deck (18)
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1
Q

What is TORT? What purpose does it serve?

A

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

2
Q

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

A

5 freedoms

yes e.g. agistment

3
Q

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

A

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

4
Q

What is the neighbour principle?

A

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

5
Q

What is reasonable care? example?

A

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

6
Q

What is the duty of non-maleficence?

A

above all do no harm

7
Q

Defence to negligence claims include?

A

Intervening factors
contributory negligence
voluntary assumption of risk

8
Q

What are intervening factors?

A

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

9
Q

What is contributory negligence?

A

actions of the plaintiff contributed to the harm or damage

10
Q

What is voluntary assumption of risk?

A

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 WAVERS ARE FOR!

11
Q

What is vicarious liability?

A

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

12
Q

What is non-delegable duty of care?

A

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

13
Q

What is negligence?

A

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

14
Q

What is due diligence?

A

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

15
Q

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

A

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

16
Q

What does an industry code of practice determine?

A

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

17
Q

What is an industry code of practice?

A

sets safe industry standard, guidelines for industry

18
Q

what is standard of care?

A

acceptable knowledge, relationship b/w two people.

Greater professional knowledge =>higher expectation of duty of care to others