Established duty of care Foreseeability 1. Duty of care Three-Fold Tests Neighbour Principle under Donoghue v Stevenson (1932) Proximity Bourhill v Young [1943] Reasonableness Caparo Industries v Dickman [1990] "Reasonable man" Test Blyth v Birmingham Waterworks (1856) 2. Breach of duty Skilled Professionals/Expert Duty Bolam v Friern Hospital (1957) Special standard Children Tort of Negligence 3. Causation "But for" Test Barnett v Chelsea Hospital (1969) "Remoteness" Test Overseas Tankship case (1961) 4. Remoteness Novus Actus Interveniens Test McKew v Holland [1969] 5. Remedies "Thin Skull Rule" Pysical Pain and suffering; Medical expenses; Loss of income; Mental/psychological pain and suffering...

Established duty of care Foreseeability 1. Duty of care Three-Fold Tests Neighbour Principle under Donoghue v Stevenson (1932) Proximity Bourhill v Young [1943] Reasonableness Caparo Industries v Dickman [1990] "Reasonable man" Test Blyth v Birmingham Waterworks (1856) 2. Breach of duty Skilled Professionals/Expert Duty Bolam v Friern Hospital (1957) Special standard Children Tort of Negligence 3. Causation "But for" Test Barnett v Chelsea Hospital (1969) "Remoteness" Test Overseas Tankship case (1961) 4. Remoteness Novus Actus Interveniens Test McKew v Holland [1969] 5. Remedies "Thin Skull Rule" Pysical Pain and suffering; Medical expenses; Loss of income; Mental/psychological pain and suffering...

Auditing: A Risk Based-Approach (MindTap Course List)

11th Edition

ISBN:9781337619455

Author:Karla M Johnstone, Audrey A. Gramling, Larry E. Rittenberg

Publisher:Karla M Johnstone, Audrey A. Gramling, Larry E. Rittenberg

Chapter4: Professional Legal Liability

Section: Chapter Questions

Problem 7CYBK

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Similar questions

Briefly comment on the following question or statement. (a) Describe approaches to minimizing legal liability. (b) Describe concept of ‘duty of care’. (c) Describe concept ‘contributory negligence’.
Which of the following can help to mitigate the cost of professional negligence? a. Obtaining indemnity from the client b. Having a professional liability insurance c. Obtaining indemnity from the attorney d. All of the above
Is there a conceptual difference between an error and negligence from a reasonable care perspective? Give examples of each in your response.
Which of the following is not an element necessary to prove professional negligence? a. There must be a duty to exercise professional care. b. There must be a breach of the duty. c. There must be a causal relationship between the breach of duty and a resulting injury. d. There does not need to be an actual loss or damage.
Which common law approach leads to increased CPA liability to "foreseeable" third parties for ordinary negligence?
Liability arises from all of the following situation except A negligent act Breach of duty Contractual assumption of responsibility An act of God
may an action arising from negligence be waived? explain
Culpa aquiliana as distinguished from culpa contractual: Proof of due diligence in the selection and supervision of employees is not considered a defense. Proof of the contract and its breach is sufficient to warrant recovery. The negligence of the defendant is only an incident in the performance of the obligation. The source of liability is the negligent act of the person causing damage to another.
Which of the following statements are correct regarding the characteristics of a guardianship of the person used to care for the personal needs of an incompetent person? The guardian is appointed by a court. The guardian is appointed by a durable power of attorney. The guardian's authority may be plenary or limited. A guardian becomes personally liable for the incompetent person's expenses. A) II and III B) I and III C) III and IV D) I, II, and IV
Unmodified opinion refers to ______ opinion. a. Qualified b. Disclaim c. Unqualified d. Adverse
4. Which of the following is true of a contingent liability? OIt is a potential liability that depends on a future event. OIt is an actual liability that is difficult to estimate. OIt is an actual liability that depends on a past event. OIt is a court-imposed liability based on an officer's fraud as decided in a completed lawsuit.
At one time, it was felt that liability insurance would undermine the tort system, which has as its central theorem the concept that the individual responsible for injuring another should be made to pay for that injury. Do you think the existence of liability insurance causes one to be less careful than he or she might otherwise be?