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Chapter 2 Multiple choice questions
Return to Tort Law Concentrate 6e Student Resources
Chapter 2 Multiple choice questions
Quiz Content
*
not completed
.
What case laid down the fundamental test for determining duty of care?
Bourhill v Young
correct
incorrect
Donoghue v Stevenson
correct
incorrect
Heaven v Pender
correct
incorrect
Yeun Kun Yeu v Atty-Gen of Hong Kong
correct
incorrect
*
not completed
.
Which of the following is
not
a policy factor which may come into the duty of care question?
The neighbour test
correct
incorrect
The impact on the insurance market
correct
incorrect
The floodgates possibility
correct
incorrect
Social morality
correct
incorrect
*
not completed
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Which of the following cases was representative of a widening of liability in negligence?
Hill v CC West Yorkshire
correct
incorrect
Rondel v Worsley
correct
incorrect
Marc Rich v Bishop Rock Marine
correct
incorrect
Anns v Merton LBC
correct
incorrect
*
not completed
.
The
Caparo
test for duty of care provides that three factors must be taken into account. Which of the following is not included?
'Fair, just and reasonable'
correct
incorrect
Proximity
correct
incorrect
Morality
correct
incorrect
Foreseeability
correct
incorrect
*
not completed
.
Which of the following is
not
a required element in establishing a negligence action?
Breach of duty
correct
incorrect
Malicious intent on the part of the defendant
correct
incorrect
Duty of care
correct
incorrect
Causation of damage of a legally recognised type
correct
incorrect
*
not completed
.
Why did the claimant in
Donoghue v Stevenson
bring her action in tort instead of contract?
Because the claimant had not actually purchased the ginger beer herself
correct
incorrect
Because the purchaser of the ginger beer was indirectly injured
correct
incorrect
Because the seller of the ginger beer was not responsible for the snail in the bottle
correct
incorrect
Because the presence of the snail was a defect in quality rather than a danger
correct
incorrect
*
not completed
.
Which of the following best describes the main function of 'duty of care' in negligence?
It ensures that the correct defendant is sued
correct
incorrect
It ensures that the claimant is always within the time limit for bringing an action
correct
incorrect
It ensures that the tort of negligence does not extend too widely
correct
incorrect
It ensures that the wrongdoer has actually been careless
correct
incorrect
*
not completed
.
Which of the following statements best describes the outcome of
Hill v CC West Yorkshire
?
The plaintiff was successful because the police ultimately prosecuted the murderer
correct
incorrect
The plaintiff was unsuccessful because her claim was out of time
correct
incorrect
The defendant was successful because they had not been in breach of duty
correct
incorrect
The plaintiff was unsuccessful because there had not been proximity between the defendants and the victim
correct
incorrect
*
not completed
.
What is meant by 'incremental' development of the law?
The law should be developed according to the principles of European law
correct
incorrect
Each case is to be considered according to analogy with earlier comparable decisions
correct
incorrect
Precedent must be followed whenever possible
correct
incorrect
The law should be developed by academics as well as judges
correct
incorrect
*
not completed
.
Duty of care in that type of situation was
not
the issue in
Palsgraf v Long Island Railroad.
What was the issue?
Duty of care in a novel scenario
correct
incorrect
Policy implications in duty of care
correct
incorrect
Duty of care to the particular claimant
correct
incorrect
Breach of duty in combination with causation
correct
incorrect
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