Chapter 11 Self-test questions

Claims in tort must be brought within six years of the date giving rise to the right of action.

True

False

Claims for personal injury must be brought within ______ years of either the date on which the tort was committed, or from when the injury attributable to the tortfeasor became known.

The three elements required to establish a claim for negligence does NOT include:

The defendant owes the claimant a duty to take reasonable care not to cause injury or loss.

The defendant breaching the duty of care.

The claimant suffering damage as a consequence of the breach.

A contractual agreement outlining the potential liability of the defendant.

A definition of negligence is the breach of a duty to take care, owed in law by the defendant to the claimant, causing the claimant damage. In order to establish a successful claim in negligence, these three tests must be satisfied.

True

False

A definition of _________ is the breach of a duty to take care, owed in law by the defendant to the claimant, causing the claimant damage.

The criteria required in establishing a duty of care owed to the claimant does NOT include:

A prior agreement to accept the duty.

Proximity of relationship between the parties.

Reasonable forseeability of loss.

Whether it is fair, just and reasonable to impose the duty.

In Donoghue v Stevenson, it was determined that a duty of care exists between the parties where they have expressly agreed to be bound.

True

False

________ v ________ is the seminal case in the establishment of the tort of negligence.

A claim for damages due to personal injury must be brought within which of the following time frames, from the date giving rise to the action?

6 years.

6 months.

3 years.

3 months.

The threefold test involved in establishing a duty of care (proximity; reasonable foreseeability; and fair, just and reasonable to impose the duty) must be established in every case of negligence liability.

True

False

Having established the defendant owed the claimant a duty of care, the next stage in establishing liability is that the defendant _______ this duty.

When the defence of contributory negligence is raised in a claim of personal injury, and the claimant has suffered damage that would not have occurred if he/she had been wearing their safety belt, the reduction in the award of damages will be:

25%.

50%.

0%.

100%.

Gorringe v Calderdale MBC established that a private duty to take reasonable care is not derived from a, wider, statutory duty.

True

False

The final element necessary in establishing negligence liability, following the duty of care and breach of duty is ____________ damage.

For an action in nuisance to succeed, which of the following are necessary:
i) The claim is only possible by the owner of the affected land.
ii) There must be damage associated with the nuisance.
iii) The damage caused must have been reasonably foreseeable.
iv) The nuisance must have been due to the malice of the defendant.

ii and iii.

i, ii and iv.

All of the above.

i and iv.

The Court of Appeal established the 'but for' test of causation in fact in the case Cork v Kirby Maclean.

True

False

The case Cork v Kirby Maclean identified the ___ __ test as: 'If the damage would not have happened but for a particular fault, then that fault is the cause of the damage—if it would have happened just the same, fault or not fault, the fault is not the cause of damage.'

The case Donoghue v Stevenson involved which of the following facts?

The claimant being injured by a cricket ball struck by a batsman in the adjacent ground.

The claimant suffered nervous shock following seeing the aftermath of an accident.

The claimant suffered loss following the negligent preparation of company accounts.

The claimant suffered shock and severe gastro-enteritis following the presence of the remains of a snail in a bottle of ginger beer.

The eggshell skull rule is only applied where the victim's pre-existing condition is visible and known or would have been known to the 'reasonable man.'

True

False

In identifying whether a breach of the duty of care exists, ____________ of damage involves the test of reasonable foreseeability of loss.

Which of the following will NOT be considered by the courts when assessing whether a defendant's actions have resulted in a breach of the duty to take reasonable care?

The principle of exposing the claimant to unreasonable risk of harm.

The social utility and desirability of the defendant's actions.

The remoteness of damage.

The cost and practicality of measures to minimise the risk of harm.

Nuisance liability is only actionable where the victim has no use of their land or access to it due to the actions of the tortfeasor.

True

False

The principle in torts where the tortfeasor must 'take the victim as he/she finds them' is known as the _________ _____ rule.

Unusually sensitive (hypersensitive) claimants will not generally succeed in an action for nuisance where another person would not have been adversely affected.

True

False

_______ is a complete defence to a tort action where there has been an express agreement to the particular risk of damage or it may be implied from the conduct of the claimant due to the actions of volunteering or by accepting entering into a situation involving risk.

Consent is a complete defence to a nuisance claim. Occupying land in the knowledge of an existing nuisance provides a defence of consent in any future claim.

True

False

Actions under the tort of _________ may provide protection where a person unlawfully interferes with another's land, or the quiet enjoyment of the land.

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