FREE AND STUDY GAMES ABOUT TORT LAW MG EXAM

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FREE AND STUDY GAMES ABOUT TORT LAW MG EXAM

QUESTIONS

Actual Qs and Ans Expert-Verified Explanation

This Exam contains:

-Guarantee passing score -69 Questions and Answers -format set of multiple-choice -Expert-Verified Explanation

Question 1: Non adult defendants

Answer:

The standard is such as can be reasonably expected of an ordinary child of the same age as the D.Question 2: where there is a special relationship between C and D/or parent/child, school/child etc.

Answer:

Stansbie v Troman [1948] 2 KB 48

Question 3: "category based" approach

Answer:

the 'three-stage' test is not to be used at all times/; Lord Bridge considers whether a duty of care has been imposed in specific situations in which the duty of care issue has arisen

Question 4: Bolton v Stone [1951]

Answer:

It does not however follow automatically, that a D is in breach of his duty of care if the risk was foreseeable

Question 5: Peabody Donation Fund v Sir Lindsay Parkinson [1984]

Answer:

C is the 'author of his own misfortunes'

Question 6: Glass v Cambridge Health Authority [1995]

Answer:

RIL applied where heart of healthy patient stopped during surgery for no apparent reason/this cannot possibly have happened without anyone being careless. Unusual in medical negligence cases, however.Question 7: Highway Authorities/Gorringe v Calderdale Metropolitan Borough Council [2004]

Answer:

held that the duty imposed on the defendant by s 41 of the Highways Act 1980 to 'maintain the highway' did not include the provision of road signs or markings.Question 8: 3 requirements/from the case of Scott v London & ST Katherine Docks (1865)

Answer:

D must have been totally (100%) in control of thing that caused the damage/Accident could not have happened without carelessness on the part of someone/The cause of the damage must be unknown

Question 9: Greater Nottingham Co-Operative Soc v Cementation Piling [1988]

Answer:

A duty of care would undermine the requirements of other causes of action e.g. where there has been a complex commercial contract negotiated between the parties

Question 10: Lord Goff then identified five exceptions to this basic principle

Answer:

where a duty arises from the occupation and control of land/where D controls something dangerous/where D gives an undertaking/where there is a special relationship between C and D/where the D is expected to exercise control over a third party

Question 11: Nettleship v Weston [1971]

Answer:

The standard of care takes no account of the individual weaknesses

Question 12: Lord Atkin

Answer:

take reasonable care to avoid acts or omissions which can reasonably foresee would likely to injure neighbour/persons who are so closely and directly affected by my act that I ought reasonably have them in contemplation

Question 13: Sutradhar v Natural Environment Council [2006]

Answer:

proximity convenient shorthand term for a relationship between two parties which would make it fair and reasonable/duty of care too onerous if C liable for an indeterminate amount or care for an indeterminate time to an indeterminate class of people

Question 14: The likelihood of harm

Answer:

Bolton v Stone [1951] but contrast with Miller v Jackson [1977]also Haley v London EB Question 15: Duty of care: the defendant's duty TO rescuers

Answer:

negligent defendant who causes an accident to the victim will also be liable to the rescuer/also applies if it is the victim's own negligence that causes the rescue attempt in which the rescuer is injured.

Question 16: Blyth v Birmingham Waterworks Co (1856)

Answer:

"Negligence is the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or doing something which a prudent and reasonable man would not do."

Question 17: Caparo Industries plc v. Dickman [1990]/Lord Bridge

Answer:

in addition to the foreseeability of damage proximity and that the situation should be one in which the court considers it fair, just and reasonable that the law should impose a duty

Question 18: Ambulance Service

Answer:

A similar approach is adopted for the ambulance service

Question 19: How ought D to have behaved?

Answer:

In other words, what was the standard of care expected of D?Question 20: Lord Tomalin's statement in Bank of Montreal v Dominion Gresham Guarantee & Casualty Co [1930]

Answer:

/"Neglect of duty does not cease by repetition to be neglect of duty".

Question 21: the Bolam test

Answer:

whether the defendant doctor acted in accordance with a practice accepted at the time by a responsible body of medical opinion/entirely dependent on doctors' evidence

Question 22: where the D is expected to exercise control over a third party

Answer:

Home Office v Dorset Yacht Club [1970]/Hudson v Ridge Manufacturing [1957]

Question 23: The elderly/Daly v Liverpool Corporation [1939]

Answer:

Stable J absolved an old lady from contributory negligence in getting in the way of a bus

Question 24: Hill v Chief Constable of W Yorks [1988]

Answer:

duty of care would lead to unduly defensive practices by D

Question 25: Midland Trust Bank v Hett, Stubbs and Kemp [1979]

Answer:

Oliver J said that the standard to be applied to the solicitor defendant was that of a reasonably competent solicitor/ a widespread practice of the profession is not good enough.

Question 26: The social utility of D's act

Answer:

The D's purpose in acting will also be taken into account as in Watt v Herts CC and Daborn v Bath Tramways [1946]