Negligence - Duty Of care

10 Questions | By Tori1984 | Updated: Mar 21, 2022 | Attempts: 382

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This is a quiz on the law of negligence, in particular the law relating to Duty of Care

Questions and Answers

1.

Which case established the neighbour test?
- A.
  
  Caparo v Dickman [1990]
- B.
  
  Donoghue v Stevenson [1932]
- C.
  
  Bourhill v Young [1942]
- D.
  
  Hill v Chief Constable of West Yorkshire [1988]
2.

What is the three stage test from Caparo v Dickman [1990]?
- A.
  
  Was the loss to the defendant foreseeable, was there insuffcicient proximity and is it equitable to impose a duty of care?
- B.
  
  The persons are so directly affected, the defendant ought to reasonable have the claimant in contemplation and they are affected by the defendants acts or omissions?
- C.
  
  Was the loss to the claimant foreseeable, was there sufficient proximity between the parties, is it fair, just and reasonable, on public policy grounds, to impose a duty of care?
3.

Is the test for foreseeability objective or subjective?
- A.
  
  Objective
- B.
  
  Subjective
4.

In Bourhill v Young [1942], the motorcyclist's personal representative was not liable because
- A.
  
  The motorcyclist could not have foreseen that she would be harmed by his negligence
- B.
  
  The case passed the foreseeability test but it failed on the proximity test
- C.
  
  It wasn't fair, just and reasonable that liability in negligence should be imposed
5.

There is generally no liability in tort for injury or damage caused by omissions. True or false?
- A.
  
  True
- B.
  
  False
6.

Police immunity is not absolute. Which case established this principle?
- A.
  
  Leach v Chief Constable of Gloucestershire Constabulary [1999]
- B.
  
  Hill v Chief Constable of West Yorkshire [1988]
- C.
  
  Osman v United Kingdom [1999]
- D.
  
  Orange v Chief Constable of West Yorkshire Police [2001]
7.

Unjustifiable and unnecessary interference means the rescuer will be taken to have accepted the risk so no duty will be owed to him from the defendant. True or False?
- A.
  
  True
- B.
  
  False
8.

Rescuers who suffer psychiatric harm receieve favourable treatment in court. True or False?
- A.
  
  True
- B.
  
  False
9.

Damages are recoverable for sorrow and grief. True or False?
- A.
  
  True
- B.
  
  False
10.

Which case established that close relationships of love and affection are necessary to a claim as a secondary victim?
- A.
  
  White v Chief Constable of South Yorkshire Police [1999]
- B.
  
  Walker v Northumberland County Council [1995]
- C.
  
  Page v Smith [1995]
- D.
  
  Alcock v Chief Constable of South Yorkshire [1992]