Chapter 5 Self-test questions

. What is meant by calling psychological injury and pure economic loss 'problem areas'?

The law has been reluctant to recognise breach of duty in these areas.

They are areas which frequently require resort to res ipsa loquitur.

The law has been reluctant to recognise a duty of care in these areas.

These areas raise particular problems of causation.

. Which one of the following victims would you advise to bring an action in negligence?

Marcus had been diagnosed with clinical depression following the death of his wife, who he nursed at home due to the unavailability of a place for her in the local hospice.

Lulu has been diagnosed with post-traumatic stress disorder following a negligently-caused car accident in which she, as a passenger was not physically injured.

Darren is having difficulty sleeping following the death of his mother, who died due to medical negligence.

Noah has recently returned from a tour of duty in Afghanistan and is suffering disturbing flashbacks of the war.

. Which case is the odd one out?

McLoughlin v O'Brian

W v Essex County Council

Hambrook v Stokes

Rothwell v Chemical and Engineering

. Which of the statements below does not accurately reflect what is required of a claimant by the ratio of Alcock v Chief Constable of S. Yorkshire?

A sufficiently close relationship of love and affection with the primary victim.

Proximity to the accident, or its immediate aftermath, which was sufficiently close in time and space.

Reasonable foreseeability that he would be physically injured by the negligence.

Suffering nervous shock through what was seen or heard of the accident or its immediate aftermath.

. The proposal for the abolition of the Alcock requirements of physical proximity and experience with unaided senses comes from which source?

The 1998 Report of the English Law Commission

Attia v British Gas

Allin v City and Hackney Health Authority

The Pearson Report

. Which of the following scenarios is not an example of pure economic loss?

Ben works in a local garage and loses his job when the garage, owned by Frank, is severely damaged in a negligently caused fire.

Falseareed is negligently injured in an accident at work and seeks compensation for his loss of pay during the weeks in which he was in hospital due to his injuries.

Patricia is given a hairdryer by her mother for Christmas, which blows a fuse the first time she tries to use it.

Sophie is given bad advice by Tom regarding investments and loses a considerable amount of money as a result.

. Junior Books v Veitchi was a ground-breaking case but has now been discredited by subsequent court decisions.

True

False

. Which case is the odd one out?

Simaan General Contracting Company v Pilkington Glass

Anns v London Borough of Merton

Muirhead v Industrial Tanks

D & F Estates v Church Commissioners

. Which of the following statements most accurately describes Hedley Byrne v Heller?

It provided for tort liability for negligent misstatements, defining the 'special relationship' required to established duty of care.

It explained and significantly expanded the law of deceit as set out in Derry v Peek.

It provided for tort liability for negligent misstatements, provided the crucial causative link could be established.

It overcame previous reluctance to recognise duty of care for acts causing pure economic loss.

. The Court of Appeal in James McNaughton Paper Group v Hicks Anderson set out various criteria which courts would consider when applying Caparo v Dickman. Which of the following were not included in the list of criteria?

The size of the class of recipients of the statement.

The reasonable reliance upon the statement by the recipient.

The timescale between the making of the statement and reliance upon it.

The purpose for which the statement was made.

. Lord Trumpington is considering the purchase of a large block of flats in Mayfair. In making his bid, he relies upon a structural survey which was done for a previous purchaser. When he discovers that the survey had been negligently conducted and in fact the property is worth considerably less than he paid for it, Lord Trumpington proposes to sue the surveyor in negligence. Which of the following forms of advice would you offer?

He has a good chance of success as the surveyor owed a duty of care to anyone who relied on this advice.

He has a poor chance of success because he had no contract with the surveyor and therefore reliance was unreasonable.

He has a poor chance of success because reliance was unreasonable, due to the fact that he should have commissioned his own survey.

. Which of the following decisions does not found negligence liability, at least partially, upon assumption of responsibility?

Henderson v Merrett Syndicates

West Bromwich Albion Football Club v El-Safty

Merrett v Babb

Spring v Guardian Insurance

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