Negligence Quiz summary

What is required to prove negligence?

• Proof of duty of care owed by the defendant to the claimant

• Proof of intent to harm

• Proof of financial loss

• Proof of emotional distress

What does the 'but for' test establish in negligence cases?

• Whether the defendant acted intentionally

• Whether the loss or damage would have happened without the defendant's negligence

• Whether the defendant had a public duty of care

• Whether the defendant had a financial motive

What does contributory negligence imply?

• The claimant is fully responsible for the damage

• The defendant is fully responsible for the damage

• The claimant is partly responsible for causing the damage

• The defendant is partly responsible for causing the damage

What is the effect of the consent of the claimant in negligence cases?

• It increases the defendant's liability

• It reduces the amount of damages

• It is a complete defence for the defendant

• It has no effect on the case

What does 'res ipsa loquitur' mean in the context of negligence?

• The thing speaks for itself

• The defendant speaks for the claimant

• The claimant speaks for the defendant

• The evidence speaks for the judge