Chapter 2 Self-test questions

. The tort of negligence is derived from trespass to the person.

True

False

. Which of the following is not a required element in establishing a negligence action?

Breach of duty.

Malicious intent on the part of the defendant.

Duty of care.

Causation of damage of a legally recognised type.

. Why did the plaintiff in Donoghue v Stevenson bring her action in tort instead of contract?

Because she, the injured party, had not actually purchased the ginger beer herself.

Because the purchaser of the ginger beer was indirectly injured.

Because the seller of the ginger beer was not responsible for the snail in the bottle.

Because presence of the snail was a defect in quality rather than a danger.

. Which of the following best describes the main function of 'duty of care' in negligence?

It ensures that the correct defendant is sued.

It ensures that the wrongdoer has actually been careless.

It ensures that the claimant is always within the time limit for bringing an action.

It ensures that the tort of negligence does not extend too widely.

. Why does the textbook use the 1969 case of Rondel v Worsley to illustrate the meaning of policy in duty of care?

Because the judges were concerned that their decision would be as fair as possible to both parties.

Because the judges had a particular viewpoint which favoured barristers.

Because the judges placed significant emphasis upon the effect of their decision on the insurance market.

Because the judges considered a number of non-legal factors in reaching their decision.

. The 1978 case of Anns v London Borough of Merton was a decision which illustrated the expansionist phase of negligence.

True

False

. Imagine that you are representing the defendants in the case of Dorset Yacht Company v Home Office. Which of the following arguments would you be least likely to use?

There was no relationship of proximity between the plaintiffs and the defendants.

The defendants had not been careless in relation to the plaintiffs.

It was not foreseeable that the plaintiffs could be injured by the wrongdoing.

There is traditionally a reluctance to impose negligence liability on public bodies.

. Which of the following statements is accurate in relation to Marc Rich Co v Bishop Rock Marine Co.

The 3-part test for duty of care was applied and the claimants' case failed.

The 3-part test for duty of care was applied and the claimants were successful.

The claimants were solely responsible for the loss which occurred.

The claimants were found to have a duty of care to the defendants.

. Lisa suffered a serious injury while on a skiing holiday. The injury was caused when she strayed from the group she was with and fell over a small precipice. Jethro saw what was about to happen but failed to warn her. In which of the following scenarios is it least likely that Jethro could be held liable in negligence?

Jethro is her primary school teacher and she is in a school party.

Jethro is Lisa's father, who was talking on his mobile phone when he should have been supervising Lisa.

Jethro is a passer-by who had never met Lisa.

Jethro is a new acquaintance who had been persuaded to look after her.

. Which of the following cases does not accurately illustrate the current state of the law regarding duty of care?

Caparo v Dickman

Osman v Ferguson

Hill v Chief Constable of West Yorkshire

Stovin v Wise

. In which of the following scenarios is a duty of care least likely to be found?

A police officer fails to ask relevant questions to a suspect who is later released and offends again.

A dentist gives the wrong anaesthetic to a patient.

A local authority places the wrong traffic sign at an intersection.

A barrister carelessly conducts his client's court case.

. The 1928 case of Palsgraf v Long Island Railroad is often used to illustrate the concept of 'duty to this plaintiff'. It is likely that today it would equally well be regarded as a question of:

Causation in fact.

Causation in law. The case could be approached as a question of remoteness, ie. at what point in the chain of causation should the defendant's liability cease? See Bourhill v Young.

Breach.

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