Chapter 3 Self-test questions

. Which statement most accurately describes the reasonable man, or person?

They are neither excessively risk-taking or careful.

They show the care in every situation which a judge would show.

They must behave like the average person of their age.

. Which of the following cases is the best authority for the position that the knowledge of the defendant may increase his standard of care?

Donoghue v Stevenson

Nettleship v Weston

Roe v Minister of Health

Paris v London Borough of Stepney

. For which of the following groups is the objective or reasonable man/person test significantly modified?

Pregnant women.

Children.

The elderly.

The disabled.

. Which of the following is not an essential ingredient of res ipsa loquitur?

Control at all times by the defendant.

The absence of an exact explanation of what caused the accident.

The claimant does not have access to all the relevant documents.

The accident was one which does not ordinarily happen in the absence of negligence.

. The cricket club in Bolton v Stone was held not to have behaved reasonably in guarding against an accident caused by a stray ball.

True

False

. Which of the following cases resulted in a finding that the cost of avoiding the risk outweighed the risk and therefore the defendant had not been negligent?

Latimer v AEC

The Wagon Mound 2

Philips v William Whiteley

Vowles v Evans

. Which statement most accurately reflects the law regarding duties of care in sporting activities?

Spectators are taken to have consented to all the risks run in watching the relevant activity.

Participants in sporting events are owed the duty of care which is appropriate to all the circumstances.

Participants in sporting events are owed a lower duty of care than a non-sportsman.

Participants in sporting events are taken to have consented to the risk of injury.

. The 'Bolam test' involves the judges imposing their own views as to what professional behaviour is negligent in a certain situation.

True

False

. Which of the following facts was not significant to the decision in the Wagon Mound 2?

It was rubbish floating on the oil which eventually caught fire.

The discharging of oil into the sea by the defendants was unnecessary and in fact illegal.

The claimant's employees had stopped work to inquire whether or not it was safe to continue welding.

The ignition of a spark led to a huge explosion and fire.

. Sita is a young registrar in a surgical unit of the local hospital. Which of the following cases would be most applicable to determine the duty of care expected of her?

Shakoor v Situ

Wells v Cooper

Wilsher v Essex AHA

Knight v Home Office

. The 'prudent patient' test was discussed by:

Lord Reid in The Wagon Mound 2.

Lord Scarman in Sidaway.

Lord Bridge in Sidaway.

McNair J in Bolam.

. The effect of the application of res ipsa loquitur is:

Trueo put the burden wholly on the defendant to disprove negligence beyond reasonable doubt.

to ensure that the claimant wins his case.

to allow both parties to assume certain facts despite lack of proof.

to make his defence, the defendant will now have to put forward a plausible explanation consistent with lack of negligence.

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