Negligence (VCE SSCE Legal Studies): Quizzes

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Negligence
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What is negligence?

A tort from failing to take reasonable care

How many essential elements must be proven for a successful negligence claim?

Four elements must all be established

Which factor is NOT required to establish a duty of care?

The defendant previously caused harm

Who is presumed to owe a duty of care to students?

Teachers and schools

What do courts consider when determining if duty was breached?

Risk likelihood, seriousness, burden, utility

What is the limitation period for general negligence claims for property damage?

6 years

What does contributory negligence defence do if proven?

Reduces the damages the defendant must pay

Which damages type compensates for loss that cannot be accurately measured in monetary terms?

General damages

Which requirement must Good Samaritans meet to be exempt from negligence liability?

Act in good faith, within competence, no pay

What is the approximate cap on non-economic loss damages in Victoria?

$650,000

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