Negligence exam revision

The modern law of negligence stems from which case?

• Donoghue v Stevenson

• Caparo v Dickman

• Robinson v CC West Yorkshire

• Smith v Leech Brain

When establishing if negligence has happened, what 3 elements must be found?

• A duty of care

• Breach of duty of care

• High risk of injury

• Damage or injury was caused

• There is no proximity between the parties

When establishing if there is a duty of care between the parties, which test/principle should you start with?

• Caparo 3 part test

• Donoghue principle

• Robinson principle

• Bourhill 3 part test

What is the name of the case which deals with the duty owed by a learner?

If science does not know about a risk, will the defendant still be in breach of their duty of care?

• Yes

• No

In negligence, what is the standard of care measured against?

• Sensible person

• Clever person

• Reasonable person

• professional person

If the claimant is at higher risk of injury, does the defendant owe them a higher standard of care?

• Yes

• No

Which of the following is NOT a factor which will affect the standard of care required?

• Special characteristics of the claimant

• The risk of harm

• Social utility

• If the defendant was a professional

• The practicality of taking precautions

If I am training to become a bricklayer, I will have the same duty of care as a professional bricklayer who has been working for 20 years

• True

• False

If the defendant is a child, they will have the same duty of care as an adult

• True

• False