Chapter 4 Self-test questions

. Which statement most accurately represents the meaning of the 'but for' test?

But for the claimant's breach of duty, would the defendant still be liable?

But for the defendant's breach of duty, would the claimant still have suffered his damage?

But for the defendant's breach of duty, would the claimant still have been owed a duty of care?

. Which of the following is not an aspect of the Civil Liability (Contribution) Act 1978?

The time limit for bringing an action for contribution is two years.

The contribution action is brought by the original claimant.

The statute applies when there is joint and several liability.

The contribution action is brought by one of the original defendants.

. Which of the following scenarios does not raise a question of factual causation?

Sarah is taking two drugs for arthritis and suffers a sudden, severe rise in blood pressure. She doesn't know which drug is responsible.

Pritam's car has been scraped while left in a public car park. He does not know which of three possible drivers is responsible.

David suffers 'white finger', an industrial disease caused by his work in road construction and repair. He does not know which of his two past negligent employers can be regarded as responsible.

Britney has developed serious paralysis, following a minor accident at work. She does not know whether or not her negligent employer can be held responsible for the paralysis.

. The claimants in Allied Maples Group v Simmons were not required to prove on the balance of probabilities that the sellers would have granted indemnities but only that if asked there would have been a substantial chance that they might have granted them.

True

False

. Which of the following best describes the ratio of Hotson v Berkshire Area Health Authority?

A 25% chance of a cure was not sufficient proof of causation for a negligence claim to be successful.

A 75% chance of a cure was sufficient to establish the defendants' liability in negligence.

On the balance of probabilities the defendant health authority caused the claimant's loss.

Beyond reasonable doubt, the claimant would have recovered from the injury with proper care and diagnosis.

. Which of the following statements describes a way in which the facts in McGhee and Fairchild differed?

The existence of one or multiple harm-causing agents.

The factor of accumulation in creating the harm.

The availability of evidence to link harm to cause.

The relative lack of bargaining power of the claimant.

. Baker v Willoughby and Jobling v Associated Dairies are contrasting cases which illustrate the courts' approach to which causation problem?

The egg-shell skull.

Concurrent causes.

Unknown causes.

Supervening causes.

. Which of the following statements best represents the ratio of Wagon Mound (No.1)?

A defendant is liable for damage directly flowing from his negligent act.

A defendant is liable for damage which can be imagined as possible from his negligent act.

A defendant is liable for damage which could reasonably be foreseen to result from his negligent act.

A defendant is liable for damage from which the claimant would have wanted to protect himself.

. Which of the following cases is not a good representation of the current legal approach to remoteness of damage?

Hughes v Lord Advocate

Tremain v Pike

Jolley v Sutton Borough Council

Robinson v Post Office

. Annabelle was injured in a car accident due to the negligence of Leroy, another driver who failed to stop at a red light. She was taken to the hospital and waited for treatment for her minor injuries in the Accident & Emergency Department. She ignored medical advice to remain in bed and found her way through a window to an unlit balcony in order to have a cigarette, where she fell, seriously breaking both legs. Is Leroy likely to be liable for her broken legs?

Yes, the chain of causation was unbroken because if it hadn't been for his negligence, Annabelle would not have been in the hospital.

No, because smoking in hospital is illegal.

Yes because due to compulsory insurance, he is best able to compensate Annabelle.

No, because Annabelle's lack of care for her own safety broke the chain of causation from Leroy's wrong.

. The thin-skull rule does not apply to financial weakness of the claimant in the same way it applies to physical weakness of the claimant.

True

False

. Which of the following statements concerning the law of causation is not accurate?

The objective remains compensation.

It is an area relatively unaffected by judicial policy.

There is a strong link to the issue of duty.

The law uses 'tools' to allocate legal responsibility for the claimant's loss.

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