Tort Law: Negligence (Standard Of care)

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  • 1/20 Questions

    To establish a BREACH of the duty discussed in the previous quiz, we must:
    1. Establish the Standard of Care
    2. Consider Special Circumstances
    3. Establish a Breach
    A Standard of Care derives from what a reasonable man would do, or would not do.

    • True
    • False
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About This Quiz


A quiz on Negligence, Breach of Duty, Standard of Care. . .

Tort Law: Negligence (Standard Of care) - Quiz

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  • 2. 

    THE BURDEN OF PROOF lies with the claimant - and is on the balance of probabilities (51%+) D's actions fell below the standard of care required.
    1. The accident must be the kind that does not normally happen without negligence
    2. and Must have been under the D's control
    WARD v TESCO established that once the Claimant has proven that their point on the balance of probabilities (easy to prove) the defendant must then prove against this. In WARD v TESCO, the claimant slipped on a yoghurt in Tesco, and Tesco then had to prove that they had exercised the necessary standard of care to quickly eliminate the trip hazard. They failed to prove this and were liable.

    • True

    • False

    Correct Answer
    A. True
    Explanation
    In this explanation, it is stated that the burden of proof lies with the claimant and is on the balance of probabilities. This means that the claimant must prove that the defendant's actions fell below the standard of care required. The explanation also mentions the case of WARD v TESCO, where the claimant slipped on a yoghurt in Tesco and Tesco had to prove that they had exercised the necessary standard of care. However, Tesco failed to prove this and was found liable. Therefore, the statement "The accident must be the kind that does not normally happen without negligence and must have been under the D's control" is true.

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  • 3. 

    This case established that a learner driver must drive in as good a manner as a driver of skill, experience and care.

    • Nettleship v Weston

    • Wilsher v Essex Health Authority

    • Roberts v Ramsbottom

    • Mansfield v Weetabix

    Correct Answer
    A. Nettleship v Weston
    Explanation
    Nettleship v Weston is the correct answer because this case established the principle that a learner driver must drive with the same level of skill, experience, and care as an experienced driver. In this case, the defendant, who was a learner driver, caused an accident while taking driving lessons. The court ruled that learners should be held to the same standard of care as experienced drivers, as they are operating a potentially dangerous vehicle on public roads. This case set a precedent for the duty of care expected from learner drivers and has been widely cited in similar cases.

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  • 4. 

    STANDARD OF CARE changes depending on some special circumstances, namely;
    1. ILLNESS
    2. EMERGENCIES
    3. SPORTING INJURIES
    4. STATE OF KNOWLEDGE
    5. CHILDREN
    6. SPECIAL SKILLS
    The STATE OF KNOWLEDGE can be particularly relevant in medical cases. In this case, the client became paralysed after a minor operation because of how a syringe was stored. 7 years down the line, medical research had developed and the injured person claimed for negligence. Denning stated that the accident must be looked at with "spectacles" from when it happened - with the state of knowledge at the time.

    • Orchard v Lee

    • Mullin v Richards

    • Rosey v Nathan

    • Roe v Ministry of Health

    Correct Answer
    A. Roe v Ministry of Health
  • 5. 

    Winfield and Jolowicz: Negligence as a tort is a _______ of a legal duty to take care which causes damage to the claimant.

    Correct Answer
    breach
    breech
    brech
    Explanation
    The correct answer is "breach". In the context of negligence as a tort, a breach refers to the failure or violation of a legal duty to take care. This breach of duty is what leads to the damage suffered by the claimant. "Breech" and "brech" are incorrect spellings and do not have any relevance in this context.

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  • 6. 

    STANDARD OF CARE changes depending on some special circumstances, namely;
    1. ILLNESS
    2. EMERGENCIES
    3. SPORTING INJURIES
    4. STATE OF KNOWLEDGE
    5. CHILDREN
    6. SPECIAL SKILLS
    In ILLNESS, the defendant is not liable if, whilst driving, the driver suffers an UNEXPECTED, SUDDEN, DISABLING illness. "Even a reasonable man can have a heart attack". The lorry driver in this case was suffering from hypoglycaemia - but was unaware of the effect on his driving. He crashed into a shop - but was not held liable as the standard of care was changed to: "a reasonably competent driver [UNAWARE that he is or may be suffering from a condition impairing his ability to drive]"

    • Stevenson v Greens Logistics

    • Mansfield v Weetabix

    • Margereson v JW Roberts

    • Marshall v Osmond

    Correct Answer
    A. Mansfield v Weetabix
    Explanation
    In Mansfield v Weetabix, the defendant was driving a lorry and suffered from hypoglycemia, a condition that impaired his ability to drive. However, he was unaware of the effect it had on his driving. He ended up crashing into a shop. The court held that he was not liable because the standard of care was changed to include a reasonably competent driver who is unaware that they are suffering from a condition impairing their ability to drive. This case established that in cases of illness, a defendant may not be held liable if they suffer an unexpected, sudden, disabling illness while driving.

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  • 7. 

    STANDARD OF CARE changes depending on some special circumstances, namely;
    1. ILLNESS
    2. EMERGENCIES
    3. SPORTING INJURIES
    4. STATE OF KNOWLEDGE
    5. CHILDREN
    6. SPECIAL SKILLS
    The standard of care expected from a doctor was suprisingly easy to satisfy in this case. It established that doctors are not negligent if they practice in a way that another responsible body of medical men skilled in that particular area act... Even if there is opposing views. This meant a doctor could find any other doctor carrying out the same practice and be freed from liability - even if 90% of doctors use a different method.

    • Ward v Tesco

    • Bolam v Friern

    • Wells v Cooper

    • Roberts v Ramsbottom

    Correct Answer
    A. Bolam v Friern
    Explanation
    The case of Bolam v Friern is relevant to the concept of standard of care in medical negligence cases. It established that doctors are not considered negligent if they act in accordance with a responsible body of medical professionals with expertise in that particular area, even if there are opposing views. This means that a doctor can be freed from liability if they can find another doctor who carries out the same practice, even if the majority of doctors use a different method. The case of Bolam v Friern is an important precedent in determining the standard of care expected from doctors.

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  • 8. 

    STANDARD OF CARE changes depending on some special circumstances, namely;
    1. ILLNESS
    2. EMERGENCIES
    3. SPORTING INJURIES
    4. STATE OF KNOWLEDGE
    5. CHILDREN
    6. SPECIAL SKILLS
    This case recognised the flaws in the BOLAM TEST from before - and establised that the opinion of the medical person relied upon, must be founded on a logical basis, by a responsible, reasonable and respectable doctor.

    • Wilsher v Essex

    • Roberts v Ramsbottom

    • Bolitho v City & Hackney

    • Ward v Byham

    Correct Answer
    A. Bolitho v City & Hackney
    Explanation
    This case, Bolitho v City & Hackney, recognized the flaws in the Bolam test and established that the opinion of a medical person must be based on a logical basis and be provided by a responsible, reasonable, and respectable doctor. It emphasized the importance of the doctor's opinion being able to withstand logical scrutiny, even if it is a minority view. This case highlighted the need for a higher standard of care in medical negligence cases and contributed to the development of the law in this area.

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  • 9. 

    STANDARD OF CARE changes depending on some special circumstances, namely;
    1. ILLNESS
    2. EMERGENCIES
    3. SPORTING INJURIES
    4. STATE OF KNOWLEDGE
    5. CHILDREN
    6. SPECIAL SKILLS
    In ILLNESS, the defendant is not liable if, whilst driving, the driver suffers an UNEXPECTED, SUDDEN, DISABLING illness. "Even a reasonable man can have a heart attack". The lorry driver in this case was suffering from hypoglycaemia - but was unaware of the effect on his driving. He crashed into a shop - but was not held liable as the standard of care was changed to: "a reasonably competent driver [UNAWARE that he is or may be suffering from a condition impairing his ability to drive]"

    • Stevenson v Greens Logistics

    • Mansfield v Weetabix

    • Margereson v JW Roberts

    • Marshall v Osmond

    Correct Answer
    A. Mansfield v Weetabix
    Explanation
    In the case of Mansfield v Weetabix, the defendant was driving a lorry and suffered from hypoglycemia, a condition that impairs his ability to drive. However, he was unaware of the effect it had on his driving. As a result, he crashed into a shop. The court held that the defendant was not liable because the standard of care was changed to include a reasonably competent driver who is unaware that he is or may be suffering from a condition impairing his ability to drive. This case establishes that in situations where a driver is suffering from an unexpected, sudden, disabling illness, they may not be held liable if they were unaware of the condition's effect on their driving.

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  • 10. 

    STANDARD OF CARE changes depending on some special circumstances, namely;
    1. ILLNESS
    2. EMERGENCIES
    3. SPORTING INJURIES
    4. STATE OF KNOWLEDGE
    5. CHILDREN
    6. SPECIAL SKILLS
    In EMERGENCIES, the RISK must be balanced with the END TO BE ACHIEVED. Saving life or limb justifies considerable risk. This was the fire service case - where the fire officer gave consent for a heavy lifting machine to be transported using an unsuitable lorry because the other lorry was unavailable and could have been fatal had they waited. The risk did not pay off, and a fire fighter was injured as a result. But the standard of care had lowered in the emergency situation.

    • Stevenson v Greens Logistics

    • Watt v Hertfordshire CC

    • Margereson v JW Roberts

    • Marshall v Osmond

    Correct Answer
    A. Watt v Hertfordshire CC
    Explanation
    In the case of Watt v Hertfordshire CC, the court established that the standard of care can be lower in emergency situations. This means that in emergencies, the level of risk can be justified if it is necessary to achieve the desired outcome, such as saving a life or preventing further harm. In this specific case, the fire officer made a decision to transport a heavy lifting machine using an unsuitable lorry due to the unavailability of a suitable one. Although the risk did not pay off and a firefighter was injured, the court recognized that the standard of care had lowered in the emergency situation.

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  • 11. 

    STANDARD OF CARE is all about how the defendant ought to have behaved in the circumstances. In other words;
    1. OMITTING TO DO SOMETHING THE REASONABLE MAN WOULD DO; or
    2. DOING SOMETHING THE REASONABLE MAN WOULDN'T DO
    in the present circumstances. This definition was laid down by Alderson B in...

    • Nettleship v Weston

    • Lauren v Susan

    • Blyth v Birmingham

    • Roberts v Ramsbottom

    Correct Answer
    A. Blyth v Birmingham
    Explanation
    The correct answer is Blyth v Birmingham. In this case, Alderson B provided a definition of the standard of care, stating that it is about how the defendant should have behaved in the given circumstances. It includes both omitting to do something that a reasonable person would do and doing something that a reasonable person wouldn't do. This case is significant because it established the principle that the standard of care is based on what a reasonable person would do in the same situation.

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  • 12. 

    STANDARD OF CARE changes depending on some special circumstances, namely;
    1. ILLNESS
    2. EMERGENCIES
    3. SPORTING INJURIES
    4. STATE OF KNOWLEDGE
    5. CHILDREN
    6. SPECIAL SKILLS
    On the contrary, if you carry out a special task - like carpenting (or fixing a door handle)... but you do not possess a special skill, then you must only "take steps that a reasonably competent carpenter" would take. Lower standard of care if you are not qualified and the claimant knows this.

    • Wells v Cooper

    • Bolam v Friern

    • Bolitho v City & Hackney HA

    • Wilsher v Essex

    Correct Answer
    A. Wells v Cooper
    Explanation
    The correct answer is Wells v Cooper. This case establishes that if a person carries out a special task, such as carpentry, without possessing the necessary special skills, they are still expected to take steps that a reasonably competent person with those skills would take. This means that even if someone is not qualified, they still have a duty of care to act in a competent manner. The claimant in this case would need to be aware that the person performing the task is not qualified in order for the lower standard of care to apply.

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  • 13. 

    STANDARD OF CARE changes depending on some special circumstances, namely;
    1. ILLNESS
    2. EMERGENCIES
    3. SPORTING INJURIES
    4. STATE OF KNOWLEDGE
    5. CHILDREN
    6. SPECIAL SKILLS
    In this case, it was established that the reasonable person test should be applied to the age of the person. I.E. would an "ordinarily prudent and reasonable 15 year old girl" have had a sword-fight with a ruler? Would the risk of injury have been apparent?

    • Orchard v Lee

    • Mullin v Richards

    • Rosey v Nathan

    • Roe v Ministry of Health

    Correct Answer
    A. Mullin v Richards
  • 14. 

    In this case, a driver had a stroke whilst driving. This reiterated the OBJECTIVE TEST as the Reasonable Person would not have driven whilst feeling unwell as the defendant did. He did not take the course of action of a reasonable person so was therefore liable.

    • Mansfield v Weetabix

    • Winfield v Jolowicz

    • Watt v Hertfordshire CC

    • Roberts v Ramsbottom

    Correct Answer
    A. Roberts v Ramsbottom
    Explanation
    In the case of Roberts v Ramsbottom, the driver had a stroke while driving. The objective test was applied to determine liability. The reasonable person would not have driven while feeling unwell, which the defendant did. Therefore, the defendant did not take the course of action that a reasonable person would have taken, making them liable for the consequences of their actions.

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  • 15. 

    STANDARD OF CARE changes depending on some special circumstances, namely;
    1. ILLNESS
    2. EMERGENCIES
    3. SPORTING INJURIES
    4. STATE OF KNOWLEDGE
    5. CHILDREN
    6. SPECIAL SKILLS
    This case, much like the NETTLESHIP v WESTON case, established that a trainee must have the same standard of care as a doctor of experience.

    • Wilsher v Essex HA

    • Bolitho v City & Hackney

    • Baker v Willoughby

    • Trmain v Pike

    Correct Answer
    A. Wilsher v Essex HA
    Explanation
    Wilsher v Essex HA is the correct answer because it established the principle that a trainee must have the same standard of care as an experienced doctor. This means that even though a trainee may not have the same level of experience, they are still expected to provide the same standard of care as an experienced professional. This case is similar to the Nettleship v Weston case, which also dealt with the standard of care expected from a trainee.

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  • 16. 

    In this case, a police car chasing a criminal crashed into the criminal's vehicle, injuring the criminal. The officer had been seen to have made an "error in judgement" but these can be expected in a high pressure emergency situation. The police was not therefore liable.

    • Marshall v Osmond

    • Mansfield v Weetabix

    • Wooldridge v Sumner

    • Roe v Ministry of Health

    Correct Answer
    A. Marshall v Osmond
    Explanation
    In the case of Marshall v Osmond, the explanation for the given correct answer is that the police officer's error in judgment can be considered as a reasonable mistake made in a high-pressure emergency situation. This means that the officer's actions were not negligent or reckless, but rather a result of the circumstances they were faced with. As a result, the police cannot be held liable for the injuries caused to the criminal during the chase and subsequent crash.

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  • 17. 

    STANDARD OF CARE changes depending on some special circumstances, namely;
    1. ILLNESS
    2. EMERGENCIES
    3. SPORTING INJURIES
    4. STATE OF KNOWLEDGE
    5. CHILDREN
    6. SPECIAL SKILLS
    In this case, the horse-rider lost control of the horse around a bend and it went off the track, injuring a photographer. The following was held;
    • errors in judgement in sporting activiites are not negligent
    • spectator took the risk of any damage during the course of the game; as long as it was not deliberate.

    • Paris v Stepney

    • Wooldridge v Sumner

    • Walker v Knight

    • Latimer v AEC

    Correct Answer
    A. Wooldridge v Sumner
    Explanation
    Wooldridge v Sumner is the correct answer because it relates to the specific circumstances mentioned in the question, namely sporting injuries. The case establishes that errors in judgment in sporting activities are not considered negligent, and spectators assume the risk of any damage during the course of the game as long as it is not deliberate. This aligns with the scenario described where the horse-rider lost control of the horse during a sporting event and injured a photographer.

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  • 18. 

    STANDARD OF CARE changes depending on some special circumstances, namely;
    1. ILLNESS
    2. EMERGENCIES
    3. SPORTING INJURIES
    4. STATE OF KNOWLEDGE
    5. CHILDREN
    6. SPECIAL SKILLS
    If you have a special skill - you must show a greater standard of care in comparison to somebody without that special skill. For instance, in this case it was held a jeweller must show the level of care that the customer of a jeweller would carry out.

    • Orchard v Lee

    • Mullin v Richards

    • Rosey v Nathan

    • Phillips v William Whiteley

    Correct Answer
    A. Phillips v William Whiteley
  • 19. 

    The REASONABLE MAN is "neither OVER-APPREHENSIVE or OVER-CONFIDENT" Lord Macmillan defined the reasonable man in which case?

    • Roberts v Ramsbottom

    • Wilsher v Essex Health Authority

    • Marshall v Osmond

    • Glasgow Corp v Muir

    Correct Answer
    A. Glasgow Corp v Muir
    Explanation
    Lord Macmillan defined the reasonable man in the case of Glasgow Corp v Muir. In this case, Lord Macmillan explained that the reasonable man is someone who is neither over-apprehensive nor over-confident. This means that the reasonable man does not act in an overly cautious or overly reckless manner, but instead exercises a balanced level of caution and confidence in his actions. This definition helps to establish a standard of behavior that is expected from individuals in legal cases, allowing for a fair and objective assessment of their actions.

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  • 20. 

    This case establishes that the act itself is what is most relevant - as opposed to the person carrying out the activity... So, for example, it's about "driving on public roads" as opposed to "who is driving" Which case?

    • Roberts v Ramsbottom

    • Wilsher v Essex Health Authority

    • Mansfield v Weetabix

    • Nettleship v Weston

    Correct Answer
    A. Wilsher v Essex Health Authority
    Explanation
    In Wilsher v Essex Health Authority, the court established that the act itself is more important than the person carrying out the activity. This means that the focus is on the action of "driving on public roads" rather than the identity of the driver. Therefore, the correct answer is Wilsher v Essex Health Authority.

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  • Current Version
  • Apr 23, 2024
    Quiz Edited by
    ProProfs Editorial Team
  • May 10, 2012
    Quiz Created by
    Chriscullen
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