Negligence – Knowsia

BCL – L1 – SA – Q29 – Tort

What is true about the “reasonable person” standard in tort law?

Question

Which of the following statements is correct concerning the “reasonable person” standard in tort law?

A The reasonable person standard varies from person to person.

B The reasonable person standard focuses on the defendant’s subjective mental state rather than on the defendant’s behaviour.

C A person with a physical disability must act as would a reasonable person with the same disability.

D A person with a mental disability must act as would a person with the same mental disability.

Answer

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Tags: Disability, Negligence, Reasonable Person Standard, Tort
Level: Level 1

Topic: Tort

BCL – L1 – SA – Q20 – Tort

Assesses negligence liability in a car accident.

Question

David was negligently driving south on Market Avenue when his car rear-ended a car driven by Patricia. The force of the impact forced Patricia to rear-end Thomas’ car. In turn, the force of the second impact caused Thomas’ car to hit a lamppost, which then fell on a house owned by Paul. The force of the impact scared Paul, causing him to immediately have a heart attack. Paul sues David for negligence. If Paul recovers, the most likely reason is:

A Paul was able to prove that David proximately caused Paul’s injuries.

B Paul was able to prove that the damages he suffered were caused by David.

C Paul was able to prove that David breached a duty of due care owed by David to Paul.

D Paul was able to prove all the above (a, b & c).

Answer

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Tags: Damages, Duty of care, Negligence, Proximate Cause
Level: Level 1

Topic: Tort

BCL – L1 – SA – Q4 – Tort

Defines negligence in tort law as breach of duty.

Question

In the law of torts, what does “negligence” refer to?

A Intentional harm

B Breach of a legal duty to exercise reasonable care

C Strict liability

D Criminal misconduct

Answer

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Tags: Legal Duty, Negligence, Reasonable Care, Tort Law
Level: Level 1

Topic: Tort

BCL – L1 – Q34 – Tort

Advise David on remedies for trespass to land and damages from a traffic accident.

Question

David, aged 25, is a premiership footballer who lives in a large house at Adenta in Accra. His girlfriend Clara and their one-year-old daughter, Afi, live with him and the house has a swimming pool in the garden. Samuel, who lives next door to David, has erected a canopy for parking vehicles, which is four metres high, close to the fence with David’s garden and passing over the boundary into David’s airspace.
Two weeks ago, Kwame, a farmer, was driving his tractor towards Nima round-about at high speed and he lost control of the tractor. It suddenly crossed the middle of the road and collided with David’s new sports car. David was unable to avoid the collision and he suffered broken ribs and a broken leg as a result of the impact. David was taken to hospital for treatment and was in pain for a week. Doctors had to amputate his damaged leg. As a result, he is unable to play football again and has found a job as a sports reporter on his local newspaper at a modest salary. He is unable to continue his hobby of ballroom dancing too.

(a) Advise David of the remedies he may obtain in respect of the above torts.

(b) Assume David was killed in the accident, advise Clara of any claim she may have in respect of the traffic accident only.

Answer

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Tags: Damages, Duty of care, Negligence, Tort
Level: Level 1

Topic: Tort

BCL – L1 – Q33 – Tort

Advise on liability for trespass and related torts in a football match scenario involving various parties.

Question

James bought a ticket to watch his local amateur football team, Unity FC. On the ticket it stated, ‘No one may use any recording equipment in the stadium’. While James was at the match he started using his video camera to record parts of the game and was immediately asked by a club steward to leave the stadium.
Meanwhile, Kofi, a Unity FC defender accidentally kicked the ball over a wall and it landed on Sarah’s head in the garden of a house which backed on to the stadium. Sarah is a tenant of that house and she had a head injury as a result of the ball hit.
In the second half of the match, whilst Daniel was piloting an air balloon near the stadium, the weather turned windy and a hot air blew over the pitch affecting spectator Ama’s eyes and causing her to completely lose her sight. Strikers FC lost the game 4-0. A crowd of 50 supporters gathered on the public road outside the club offices chanting for the manager to resign.

(a) Advice (i) James, (ii) Kofi, (iii) Daniel, (iv) Strikers FC, and (v) the supporters of Strikers FC on their liability in trespass, if any.

(b) ‘The law on vicarious liability is not based on any clear principles or policy and is therefore difficult to apply in any particular case’.
Discuss in relation to the liability of an employer for the acts of an employee.

Answer

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Tags: Employer Liability, Negligence, Tort, Vicarious Liability
Level: Level 1

Topic: Tort

BCL – L1 – Q32 – Employer Liability

Advise on employer liability for negligence causing damage to a neighbor’s property.

Question

Kwame Yeboah is the Head Labourer at Vision Seed Academy School who resides on the campus. Among his duties is the washing of the school buses. In view of frequent water shortages in the neighbourhood of the school, Kwame decided to keep the tap to the main water reservoir open at midnight and fit a water hose to it in order to store enough water for washing. This practice is well known to Management of the school.
One night Kwame could not wake up to turn off the tap as he usually does, which overflowed the reservoir and flowed to the adjoining house where the owner kept fowls. A few fowls died from the sudden overflow of water through the house. The neighbour is upset and is threatening court action against the school. Management of the school thinks Kwame has been negligent and must therefore be made to pay for the dead fowls. Kwame has come to you for advice as the mishap occurred in the line of duty.
You are required to advise in the context of the Labour Act, 2003 (Act 651) and decided cases.

Answer

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Tags: Duty of care, Employment Law, Negligence, Rylands v Fletcher, Vicarious Liability
Level: Level 1

Topic: Employment Law

BCL – L1 – Q31 – Rylands v Fletcher

Explain the rule in Rylands v Fletcher.

Question

(a). What is the rule in Rylands and Fletcher

(b). Explain the meaning of consequential harm/injury and remoteness of damage

(c). Discuss the defences to actions in negligence

Answer

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Tags: Defences, Duty of care, Negligence, Tort
Level: Level 1

Topic: Tort

BCL – L1 – Q30 – Negligence

Define professional negligence in the context of a hospital case.

Question

Beatrice Yeboah reported to Dunkwa Government Hospital with a deep cut on her ankle for treatment. No medical doctor was immediately available to attend to her but as a result of her profuse bleeding, Emmanuel a janitor who has observed several minor surgical operations offered to conduct the surgery with the support of a Nurse. Upon discharge from the hospital, Beatrice who did not realize that Emmanuel was a janitor noticed that she had suffered permanent numbness in her left leg. In the circumstance, she intends taking legal action against the hospital as the management of the hospital is repudiating liability for her impaired condition.

Beatrice has just heard that you were the most outstanding law student of your class and she has approached you on the following:

(a) What is professional negligence

(b) Advice on the options available to her

Answer

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Tags: Damages, Negligence, Tort, Vicarious Liability
Level: Level 1

Topic: Tort

BCL – L1 – Q27 – Tort

Can Maria Ansah claim damages against Kundru Confectionery Ltd for slipping and getting injured?

Question

Following flood damage resulting from three (3) continuous days of rainfall, the Management of Tendo Confectionery Ltd, carefully sprinkled sawdust over the factory floor to prevent employees’ slippage until the floor could be properly cleared. A small patch remained uncovered and Maria Ansah, a pregnant employee slipped and got injured. She sued the company.

Required:

Explain whether the employee can claim any damages against the management of Tendo Confectionery Ltd.

Answer

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Tags: Contributory Negligence, Duty of care, Negligence, Tort Law, Workplace Injury
Level: Level 1

Topic: Tort

AAA – L3 – Q19 – Professional Responsibility and Liability

Evaluate factors in deciding whether to contest or settle a negligence claim by Adom Bank against KT Ampofo & Co. for audit errors.

Question

Adom Bank Limited gave a loan to Kintampo Limited on 15 October 2015 and a review of the first six months of operation in May 2016 of the new shops revealed that the company was not doing well and could not pay the first instalment for the loan from Adom Bank Limited. Further investigation revealed that the audited financial statements signed by KT Ampofo & Co. which showed a profit of GH¢20.2M should have been of a loss of GH¢4.3M.
Adom Bank Limited has indicated its intention to sue your firm for negligence on the basis that it placed reliance on the financial statements audited by your firm.
Required:
Comment on the matters that you should consider in deciding whether your firm will contest the matter in court or seek an out of court settlement with the bank.

Answer

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Tags: Audit Standards, Auditor Liability, Duty of care, Financial Loss, Litigation, Negligence, Out-of-Court Settlement, Professional Ethics
Level: Level 3

Topic: Professional responsibility and liability

Tag (SQ): Negligence

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BCL – L1 – SA – Q29 – Tort

What is true about the “reasonable person” standard in tort law?

BCL – L1 – SA – Q20 – Tort

Assesses negligence liability in a car accident.

BCL – L1 – SA – Q4 – Tort

Defines negligence in tort law as breach of duty.

BCL – L1 – Q34 – Tort

Advise David on remedies for trespass to land and damages from a traffic accident.

BCL – L1 – Q33 – Tort

Advise on liability for trespass and related torts in a football match scenario involving various parties.

BCL – L1 – Q32 – Employer Liability

Advise on employer liability for negligence causing damage to a neighbor’s property.

BCL – L1 – Q31 – Rylands v Fletcher

Explain the rule in Rylands v Fletcher.

BCL – L1 – Q30 – Negligence

Define professional negligence in the context of a hospital case.

BCL – L1 – Q27 – Tort

Can Maria Ansah claim damages against Kundru Confectionery Ltd for slipping and getting injured?

AAA – L3 – Q19 – Professional Responsibility and Liability

Evaluate factors in deciding whether to contest or settle a negligence claim by Adom Bank against KT Ampofo & Co. for audit errors.

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BCL – L1 – SA – Q29 – Tort

What is true about the “reasonable person” standard in tort law?

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BCL – L1 – SA – Q20 – Tort

Assesses negligence liability in a car accident.

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BCL – L1 – SA – Q4 – Tort

Defines negligence in tort law as breach of duty.

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BCL – L1 – Q34 – Tort

Advise David on remedies for trespass to land and damages from a traffic accident.

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BCL – L1 – Q33 – Tort

Advise on liability for trespass and related torts in a football match scenario involving various parties.

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BCL – L1 – Q32 – Employer Liability

Advise on employer liability for negligence causing damage to a neighbor’s property.

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BCL – L1 – Q31 – Rylands v Fletcher

Explain the rule in Rylands v Fletcher.

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BCL – L1 – Q30 – Negligence

Define professional negligence in the context of a hospital case.

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BCL – L1 – Q27 – Tort

Can Maria Ansah claim damages against Kundru Confectionery Ltd for slipping and getting injured?

You're reporting an error for "BCL – L1 – Q27 – Tort"

AAA – L3 – Q19 – Professional Responsibility and Liability

Evaluate factors in deciding whether to contest or settle a negligence claim by Adom Bank against KT Ampofo & Co. for audit errors.

You're reporting an error for "AAA – L3 – Q19 – Professional Responsibility and Liability"

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