Likely Tort IA

The egg-shell skull principle states that:

• Provided that the kind of damage is reasonably foreseeable, it does not matter that it is more extensive than could have been foreseen.

• If the kind of damage suffered is reasonably foreseeable, it does not matter that the damage came about in an unforeseeable way.

• The claimant and defendant must be in a sort of closed relationship (egg-shell) for the defendant to owe the claimant a duty of care.

• The defendant must take the claimant as he finds him, as regards his physical characteristics.

Under the rules of 'Vicarious Liability,' an employer would not be vicariously liable for the acts of his employee where the act giving rise to liability has been expressly prohibited by the employer, irrespective of whether the employer benefits from the prohibited act or not.

• True

• False

"The person concerned is sometimes described as 'the man in the street, the man on the Clapham omnibus, the man who takes the magazine at home and in the evening pushes the lawn in his shirt sleeve." In which case was the reasonable man likened to the man on the 'Clapham omnibus'?

• Glasgow Corporation v Muir

• Roberts v Ramsbottom

• Bolam v Friern Hospital Management

• Hall v Brooklands Auto Racing Club

What is the definition of negligence according to Lord Wright in the case of Lochgelly Iron and Coal v M'mullan?

• Heedless or careless conduct

• A complex concept of duty, breach, and damage

• Strict adherence to legal duty

• Omission or commission

How many elements must a claimant establish to recover damages under the tort of negligence?

• 1

• 2

• 3

• 4

In negligence cases, what is the first principle that must be established by the court?

• Duty of care

• Breach of duty

• Damage

• Proximity of relationship

What did Lord Atkin establish in Donoghue v Stevenson to help determine the existence of a duty of care in novel situations?

• The duty of care only applies in established relationships

• The neighbor principle

• A duty must be based on previous situations

• The duty of care is automatic in all cases

What are the two guiding principles established in Donoghue v Stevenson for determining the existence of a duty of care?

• Reasonable foreseeability and direct relationship

• Duty to act and legal precedent

• Avoiding all harm and negligence in the air

• Avoiding foreseeable harm and taking care of neighbors

What principles were added in the Caparo v Dickman case to establish a duty of care in novel situations?

• Reasonable foresight of harm and a proximity of relationship

• Strict liability and legal precedent

• Any harm is foreseeable and legal duty

• Causation and negligence

Under what circumstances can a person be held liable for failing to take positive action to prevent harm to another?

• Always

• When they created the dangerous situation

• When they are in a special relationship

• When they have a statute imposing a duty