Negligence

Tort is a French word meaning...

• Right

• Naughty

• Wrong

• Tart

Answer explanation

Latin - Torquere - To Twist

Medieval Latin - Tortum - Wrong, injustice

Old French - Tort - wrong, injury

If a claimant is able to establish Negligence, we say that the defendant is

(a)  

Answer explanation

In Civil matters, we seek to establish liability, not guilt

Which of these is NOT an element required to establish Negligence

• Duty of Care

• Breach of Duty

• Actus Reus

• Causation of Damage

Which case established the Neighbour Principle?

• Donoghue v Stevenson

• Stone v Dobinson

The leading case on duty of care is...

• Donoghue v Stevenson

• Bourhill v Young

• Caparo v Dickman

• Mulcahy v MoD

What are the stages of The Caparo Test

• Duty, Breach & Damage

• Duty, Loss & Reasonableness

• Foreseeability, Duty & Proximity

• Foreseeability, Proximity & Reasonableness

The test in Caparo is satisfied if...

• All three elements of the test are met

• Any single element of the test is met

In which case was the harm judged to be 'reasonably foreseeable'?

• Bourhill v Young

• Kent v Griffiths

• Osman v Ferguson

What word means 'closeness in time, space or relationship'

(a)  

In which case was there proximity?

• Bourhill v Young

• Osman v Ferguson

• Hill v Chief Constable of West Yorkshire Police

• McLoughlin v O'Brian