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WorksheetsTort is not a tart
Total questions: 15
Worksheet time: 7mins
In the tort of negligence, you don’t owe duty of care to the world, you owe a duty of care which law says you owe it to.
True
False
Below is NOT the excerpt from the landmark case of Donoghue v Stevenson
You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour
Negligence means more than heedless or careless conduct…it properly connotes the complex of duty, breach and damage thereby suffered by the person to whom the duty was owing
The answer seems to be persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected
"The plaintiff was a policeman who was injured in a car crash when he was chasing the defendant, who was driving a stolen car"
These are the facts of case for
Langley v Dray
Donoghue v Stevenson
Blyth v Birmingham Waterworks
Latimer v AEC
On Negligence;
If a reasonable man in the defendant’s position would not have done what the defendant did, the defendant is considered to have breached his duty of care towards the plaintiff.
True
False
The "but for" test to determine causation in negligence came from the case of
Barnett v Chelsea and Kensington Hospital Management Committee
Champion Motors v Tina Travels
Blyth v Birmingham Waterworks
Lochgelly iron and Coal v Macmullan
The Multiple test to determine causation in negligence came from the case of
Caparo Industries plc v Dickman
Barnett v Chelsea and Kensington Hospital Management Committee
Knightley v Johns
McGhee v National Coal Board
An occupier is a person who has ownership of a space be it a house, garage, shop, restaurant, park or even an area of pavement.
True
False
In occupier's liability, determine which type of an entrant this person is:-
A person who enters premises with the permission of the occupier and bring some kind of advantage to the occupier.
Invitee
Licensee
Contractual Entrant
Trespasser
In occupier's liability, determine which one of these duties that an occupiers owes to a trespasser:-
duty to protect against concealed or hidden danger in his premises
duty is ensure that a they are not harmed by dangers on his premises that he is aware of
duty to prevent unusual damage arising from unusual danger or unusual risk
duty is to ensure his premises are safe for the purpose that a contractual entrant undertakes.
A tort of nuisance is concerning of unreasonable interference with the use and the enjoyment of and is concerned with indirect harm.
True
False
To establish the tort of publish nuisance, the plaintiff does not need to show:-
That the nuisance was substantial and unreasonable and materially affected reasonable comfort and convenience of life of a class of the population of which the plaintiff was a member
That they suffered a particular damage over and above that suffered by the public because of the nuisance
There was intention to cause unreasonable discomfort to the plaintiff
The tort of Trespass concerns with a person's possession of the land
True
False
In Vicarious Liability, there are few test to determine whether one is an employee or not.
Which is not one of the tests?
The Multiple Test
The Control Test
The Organisation Test
The Employment Test
Fill in the blanks
On limitation:
Actions founded on tort must be brought before the expiration of ____ years from the date which the cause of action accrues .
6
7
8
9
Which of these is not from the Caparo Industries' Three stage test ?
Was the harm or damage caused reasonably foreseeable?
Was there a sufficient relationship of proximity between the plaintiff and defendant?
Whether it is ‘fair, just and reasonable’ to impose duty of care, looking art the circumstances as a whole
Whether the defendant has an intention to breach the duty of care?
