TOPIC; Tort of Negligence.

1.If you had been injured by a defendant's breach of duty of care thereby causing injury or damage to

your property or person, under which law would you prefer to take action and why?

2.Sophia went for a walk listening to her favourite Italian music on her iPod around the block in her

hilly neighbourhood, but unforeseen by Sophia, Carlo for no apparent reason rolled a heavy wooden

log on the ground from the top of the hill towards where Sophia was walking on the footpath and

which hit Sophia on her legs, the impact of which was so great that it made her slip and fall on the

footpath. Do you think that an assault and/or battery has occurred in this situation?

3.Peter approached David, a chartered accountant, and asked his advice as to the financial position and

profitability of a business that he was interested in investing. David, prepared a business report for

Peter and concluded that it would be a profitable, secure and viable investment, in fact David made

the comment that: "The business is booming and is a gold mine!" which in fact, induced Peter to

enter into the investment. However, in preparing the business report David overlooked the fact that

the proposed business to be invested in by Peter, had not provided sufficiently for bad debts. Thus,

on reliance of David's statement and business report, Peter went ahead and invested his money in the

business, but within three months the business Peter invested in was in serious financial difficulty

and Peter was in serious danger of losing the majority of his investment.

Does Peter have any claim against David in this situation? Explain in detail outlining the elements

of negligence by the professional David.

4.What must the plaintiff establish in a cause of action under the tort of negligence against the

defendant to be successful?

5.Why did Donoghue no sue in contract or under the sales of goods legislation in the case of Donoghue

v Stevenson [1932] AC 562 at 580 (manufacturer)?

6.List some examples of that constitutes questions of both, fact and law in a negligence case.

7.What is meant by the standard of care required under the tort of negligence?

8.Under the tort of negligence, is the defendant is liable for all the damage sustained by the plaintiff?

Why or why Not?

9.In the case of Donoghue v Stevenson [1932] AC 562 at 580 (manufacturer), why did Donoghue sue

Stevenson in negligence and not contract?

a) The law of contract cannot be used to recover compensation for personal injury.

b) As it was Donoghue's friend who bought the ginger beer, and Stevenson was not the retailer,

there was no contract between Donoghue and Stevenson.

c) The contract between Stevenson and Donoghue expressly excluded liability for contaminated

ginger beer.

d) The contract was between Donoghue and the retailer of the ginger beer. Stevenson was the

manufacturer of the beer.

10.Which of the following is not one of the three essential elements of an action in negligence?

a) The plaintiff has suffered reasonably foreseeable loss which was caused by the defendant's

breach of duty.

b) The plaintiff has failed to do what a reasonable person would have done in the same

circumstances.

c) The defendant owes the plaintiff a duty of care.

d) The defendant has breached their duty of care.