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Page-7 of Archives: April, 2013

Can a medical practitioner be exempted from liability for the loss caused to a patient by his negligence?

A medical practitioner when consulted by a patient owes him certain duties, viz., a duty of care in deciding what treatment to give and a duty of care...

April 26, 2013

What was held in the case of Clark v. Maclennan in regard to negligence?

In Clark v. Maclennan it was held that although in an action in negligence the onus of proof normally rested on the plaintiff, in a case where a...

April 26, 2013

Can a person be liable for negligence if he is confronted with a dangerous situation not of his own making?

If a person is confronted with a dangerous situation not of his own making, he cannot be held liable for negligence. Even if there are several courses open...

April 26, 2013

What are the requirements necessary to establish a duty of care?

There are four requirements necessary to establish a duty of care. They are:- (1) forseeability of harm; (2) proximity in relationship, which implies that the parties are so...

April 26, 2013

Write briefly that negligence and duty are strictly correlative.

Negligence is breach of duty caused by the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the human affairs would do,...

April 26, 2013

What is to be proved by the plaintiff for taking action against?

The definition of negligence involves three constituents:- (1) A legal duty to exercise due care on the part of the party complained of towards the party complaining the...

April 26, 2013

How has Winfield defined negligence?

According to Winfield, “negligence as a tort is breach of a legal duty to take care which results in damage, undesired by the defendant to the plaintiff.”

April 26, 2013

Discuss the meaning of negligence as a tort?

In the law of torts, negligence has two meaning:- (i) Negligence as a mode of committing certain tort e.g. trespass nuisance or defamation. In this sense negligence involves...

April 26, 2013

Under what circumstances is the privilege lost?

The privilege will be lost in the cases:- (a) where it goes beyond the limits of duty or interest, (b) where the occasion is not legitimately used but...

April 26, 2013

What kinds of statement have been held to be absolutely privileged by the Supreme Court?

It has been held that the occasion of making each of the following statement is absolutely privileged:- (1) any statement by a judge as such, (2)any statement made...

April 26, 2013

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