Fault in Civil Law Quiz

What is the primary purpose of fault in civil law?

• To punish the defendant

• To compensate the claimant for their loss

• To determine criminal responsibility

• To enforce strict liability offences

Which case established the "neighbour principle" and the duty of care in negligence?

• Caparo v Dickman (1990)

• Donoghue v Stevenson (1932)

• Rylands v Fletcher (1868)

• Barnett v Chelsea & Kensington Hospital (1969)

In negligence claims, what is the first requirement that must be proven?

• That the harm was foreseeable

• That the defendant acted intentionally

• That the defendant owed a duty of care

• That the claimant suffered psychiatric harm

Which case refined the duty of care test into a three-part test?

• Bolam v Friern Hospital (1957)

• Hadley v Baxendale (1854)

• Caparo v Dickman (1990)

• Lister v Hesley Hall (2002)

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

• Whether the defendant had a contractual duty

• Whether the damage was too remote

• Whether the harm would have happened without the defendant’s actions

• Whether the employer was responsible for an employee’s actions

Which case is an example of vicarious liability?

• Bolam v Friern Hospital (1957)

• Lister v Hesley Hall (2002)

• The Wagon Mound (1961)

• Donoghue v Stevenson (1932)

What must a claimant prove to succeed in a breach of contract claim?

• That the contract was unfair

• That the defendant owed a duty of care

• That a valid contract existed and a term was broken, causing loss

• That the defendant acted negligently

In *Hadley v Baxendale (1854)*, what principle was established regarding contract law?

• A person can claim for any financial loss caused by a breach

• Losses must be **foreseeable** for compensation to be granted

• Employers are responsible for employees’ wrongful acts

• Liability exists without proving fault

In which case was the strict liability rule established in civil law?

• Rylands v Fletcher (1868)

• Donoghue v Stevenson (1932)

• Caparo v Dickman (1990)

• Bolam v Friern Hospital (1957)

Which of the following is NOT a necessary element in proving negligence?

• Duty of care

• Breach of duty

• Factual causation

• Intention to cause harm