The Law Of Negligence

1.

Who is ones legal Neighbour

Explanation
One's legal neighbor refers to individuals who are directly and significantly impacted by one's actions or omissions, to the extent that it is reasonable for the person to consider their potential impact when making decisions. In legal terms, this concept helps determine the scope of responsibility and potential liability towards those affected by one's actions or omissions.

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2.

Donoghue v Stevenson established the neighbour principle

A.

True
B.

False

Correct Answer
A. True

Explanation
Donoghue v Stevenson is a famous legal case that established the "neighbour principle" in the law of negligence. This principle states that individuals must take reasonable care to avoid acts or omissions that could reasonably be foreseen to cause harm to others who might be affected by those acts or omissions. The case involved a woman who found a decomposed snail in a bottle of ginger beer and suffered illness as a result. The court ruled that the manufacturer owed a duty of care to the consumer, establishing the neighbour principle and setting an important precedent in tort law.

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3.

The case of Caparo Industries plc v Dickman established

A.

Foresight, proximity and Fairness
B.

Reasonableness, foresight and fairness
C.

Proximity, remoteness and foresight
D.

Damages,public polices and reasonableness

Correct Answer
A. Foresight, proximity and Fairness

Explanation
The case of Caparo Industries plc v Dickman established the principles of foresight, proximity, and fairness as the key factors to determine the existence of a duty of care in negligence. Foresight refers to the foreseeability of harm, proximity refers to the close relationship between the parties involved, and fairness refers to the just and reasonable nature of imposing a duty of care. These principles help in assessing the legal obligations and responsibilities of individuals or organizations towards others in negligence cases.

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4.

This is the main case that establishes; no damages can be claimed for pure economic loss

Correct Answer
Spartan Steel and Alloys v Martin and Co

Explanation
In Spartan Steel and Alloys v Martin and Co, the court established that no damages can be claimed for pure economic loss. This means that if someone suffers financial loss without any physical damage or personal injury, they cannot seek compensation. This case sets a precedent for similar situations where individuals or businesses experience economic loss due to negligence or breach of contract, but without any direct physical harm.

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5.

The case of Ross v Caunters is an exception to the rule that damages for pure economic loss cannot be recovered.

A.

True
B.

False

Correct Answer
A. True

Explanation
The case of Ross v Caunters is an exception to the general rule that damages for pure economic loss cannot be recovered. In this case, the court held that a solicitor could be held liable for negligent misstatement leading to pure economic loss. This means that in certain circumstances, such as when there is a special relationship between the parties or a duty of care owed, damages for pure economic loss may be recoverable. Therefore, the statement is true.

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6.

What is the Bolam test

Correct Answer
Where you get a situation which involves the use of some special skill or competence, then the test as to whether there has been negligence or not is not the test of the man on the top of a Clapham omnibus, because he has not got this special skill. The test is the standard of the ordinary skilled man exercising and professing to have that special skill ... A man need not possess the highest expert skill; it is well established law that it is sufficient if he exercises the ordinary skill of an ordinary competent man exercising that particular art

Explanation
The Bolam test is a legal standard used to determine whether a professional or expert has been negligent in their duty of care. It states that if a situation requires special skills or competence, the standard of care is not based on the average person's understanding but rather on the standard of an ordinary skilled person who possesses that special skill. This means that the professional or expert is not expected to have the highest level of expertise, but rather to exercise the ordinary skill of a competent person in their field.

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7.

These are exceptions to the rule,that there is no liability for an omission to act

A.

Undertaking, Special Relationship, Control of 3rd party who causes damage and Control of land or dangerous things
B.

Control of land or dangerous things, consent and foresight
C.

Reasonable man, proximity and undertaking
D.

Fairness, brothers keeper and special relationship

Correct Answer
A. Undertaking, Special Relationship, Control of 3rd party who causes damage and Control of land or dangerous things

Explanation
The correct answer is a list of exceptions to the general rule that there is no liability for an omission to act. These exceptions include situations where there is an undertaking to act, a special relationship between the parties, control over a third party who causes damage, and control over land or dangerous things. In these specific circumstances, there may be a legal duty to take action and liability for any resulting harm.

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8.

The best known definition of res ipsa loquitur is in the case of

Correct Answer
Scott v London and St Katherine Docks

Explanation
Res ipsa loquitur is a legal doctrine that allows a court to infer negligence from the mere occurrence of an accident or injury. In the case of Scott v London and St Katherine Docks, the court established the three elements required for res ipsa loquitur to apply: (1) the accident is of a kind that would not normally occur without negligence, (2) the defendant had exclusive control over the instrumentality causing the accident, and (3) the plaintiff did not contribute to the accident. This landmark case is widely recognized as the best-known definition and application of the doctrine of res ipsa loquitur.

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9.

The requirements of the defence of Volenti is

A.

Voluntary, Agreement and Made in full knowledge of the nature and extent of the risk
B.

Made in full knowledge of the nature and extent of the risk, proximity and consent
C.

Guilty, reasonable and voluntary
D.

Agreement, foresight and risky

Correct Answer
A. Voluntary, Agreement and Made in full knowledge of the nature and extent of the risk

Explanation
The correct answer is "Voluntary, Agreement and Made in full knowledge of the nature and extent of the risk." This explanation aligns with the concept of the defence of Volenti in legal terms. It states that for this defence to apply, the individual must have voluntarily agreed to participate in the activity or situation, with full knowledge and understanding of the risks involved. This implies that the person willingly assumed the risk and cannot hold others liable for any resulting harm or injury.

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10.

If a plaintiff voluntarily disregards warnings and assumes the risk of certain dangers, but is injured through the negligence of the defendant from an entirely different source of danger, of which she was not and could not have been aware, and of whose existence it was the duty of the defendant to warn, then the plaintiff’s failure to heed the warning does not constitute contributory negligence

A.

True
B.

False

Correct Answer
A. True

Explanation
If a plaintiff voluntarily disregards warnings and assumes the risk of certain dangers, but is injured through the negligence of the defendant from an entirely different source of danger, of which she was not and could not have been aware, and of whose existence it was the duty of the defendant to warn, then the plaintiff's failure to heed the warning does not constitute contributory negligence. This means that even if the plaintiff ignored the warning and assumed the risk, if they were injured due to the defendant's negligence from a different source of danger that they were not aware of, it cannot be considered as contributory negligence on the part of the plaintiff. Therefore, the statement is true.

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