Negligence Resit Quiz

Which landmark case is considered the foundation of the modern law of negligence?

Answer explanation

The landmark case considered the foundation of modern negligence law is Donoghue v. Stevenson.

List the three tests used to establish negligence

Answer explanation

The three tests used to establish negligence are:

1. 1. Duty of care

2. 2. Breach of duty

3. 3. Damage

Donoghue v Stevenson established that a person owes a duty of care to their...?

• Partner

• A neighbour

• Someone living next door

• Family

Answer explanation

Donoghue v Stevenson established the principle that a person owes a duty of care to their 'neighbour', meaning anyone who could be closely and directly affected by their actions, not just those living next door or family.

According to Robinson, if there is an existing duty of care between the parties it means..?

• There is no need to prove duty of care

• A precedent that is already established is followed in the current case

• An analogy is drawn with an earlier precedent.

• The court can decide to what they wish to do.

Answer explanation

According to Robinson, an existing duty of care indicates that a precedent is already established, which means the current case follows that established precedent, eliminating the need to prove duty of care exists.

The test for breach is that the defendant must have....?

• By an act failed to reach the standard of a reasonable person.

• By an omission failed to reach the standard of a reasonable person.

• By an act or an omission failed to reach the standard of a reasonable person.

• By an act or omission reached the standard of the reasonable person.

Answer explanation

The correct choice is that D must have, by an act or an omission, failed to reach the standard of a reasonable person.

Which case established that the normal standard for breach is that of the reasonable person?

• Blyth v Birmingham Council

• Blyth v Birmingham Waterworks

• Bolam

• Nettleship v Weston

Answer explanation

The case Blyth v Birmingham Waterworks established the standard of care in negligence as that of the reasonable person, setting a precedent for assessing breaches of duty.

If the claimant is a child the test for breach is...?

• A child of the same age

• A reasonable child of the same age

• A reasonable person

• A trainee

Answer explanation

The correct choice is 'A reasonable child of the same age' because the standard for breach of duty is based on the behaviour expected from a child of similar age and experience, not a reasonable adult.

If the claimant is a learning to drive the test for breach is...?

• A learner driver

• A qualified drivere

• A reasonable driver

• A reasonable professional driver

Answer explanation

The test for breach of duty for a learner driver is based on the standard of a reasonable driver. This means that the learner is expected to act as a competent driver would, rather than being held to the standard of a qualified driver.

In Bolam the doctor was not in breach because he..?

• Met the standard of the reasonable person

• Met the standard of the reasonable doctor

• Met the standard of the reasonable trainee doctor

• Met the standard of the reasonable adult

Answer explanation

In Bolam, the doctor was not in breach because he met the standard of the reasonable doctor, which means he acted in accordance with the practices accepted by a responsible body of medical opinion.

Which statement best describes why the court uses risk factors to decide...

• Who the reasonable person is?

• What the reasonable person would do?

• What the reasonable person would do?

• What the reasonable person would or would not do?

Answer explanation

The court uses risk factors to determine what the reasonable person would or would not do in a given situation in order to decide if the defendant was in breach by not reaching this standard.