Chapter 14 Multiple Choice Questions

. Establishing that the tort of negligence has been committed requires four requirements to be met. Which one of the following is NOT a requirement?

The defendant must know, or should have known, that he owed the claimant a duty of care.

The defendant must owe the claimant a duty of care.

The loss sustained by the claimant must not be too remote.

The defendant's breach of duty must cause the claimant loss.

. There are numerous examples of duties of care. Which one of the following is NOT a situation where the courts have established that a duty of care exists?

Motorists owe a duty of care to nearby pedestrians.

Manufacturers of products owe a duty of care to the ultimate users of those products.

Employers owe a duty of care to their employees to take reasonable care for their safety.

An auditor of a company's accounts owes a duty to care to anyone who might read his report based on those accounts.

. The case of Caparo Industries plc v Dickman established the requirements for the existence of a duty of care. Which one of the following is NOT a requirement?

In order for a duty of care to arise, the damage sustained by the claimant must be foreseeable.

In order for a duty of care to arise, the defendant must realise that his actions could cause harm to another.

In order for a duty of care to arise, the claimant must be sufficiently proximate.

In order for a duty of care to arise, it must be fair, just and reasonable to impose a duty.

. Regarding liability in negligence for an omission, which one of the following statements is untrue?

Generally, the law relating to negligence does not impose liability on a person for an omission

Liability may arise where a defendant is liable for the actions of a third party and the defendant fails to prevent the third party from harming another

An individual who witnesses the commission of a tort, but fails to prevent it or inform the relevant authorities, will commit a negligent omission

A defendant may be liable in negligence for an omission if he undertook responsibility to prevent the harm in question

. What is a 'secondary victim?'

A person who sustains physical injury due to an incident caused by another's negligence, but the injury sustained is less than injuries suffered by others.

A person who sustains psychiatric injury as a result of being involved in an incident caused by the defendant's negligence.

A person who sustains physical injury due to an incident caused by another's negligence.

A person who witnesses, or is told about, another's negligence, but who does not fear for his physical safety.

. The House of Lords in Alcock v Chief Constable of South Yorkshire Police laid down an extensive list of requirements that will need to be satisfied if a secondary victim is to recover damages in negligence. Which one of the following is NOT a requirement?

The event must have been communicated to the claimant in a sufficiently proximate way.

The claimant must establish that it was reasonably foreseeable that a person of normal or reasonable fortitude would have suffered psychiatric damage as a result of the event.

The damage must be caused by a single act.

The claimant will need to be sufficiently proximate in both time and space.

The claimant will need to establish sufficiently close ties of love and affection with the person injured or endangered.

. What is 'pure economic loss?'

Financial loss that is caused by physical injury.

Financial loss that is not associated with physical injury or property damage.

Financial loss that is caused by psychiatric injury.

Financial loss that is caused by damage to property.

. When can a claimant recover damages for 'pure economic loss?'

Where the defendant has made a negligent misstatement that causes the claimant to sustain pure economic loss.

Where the claimant's pure economic loss was sustained as a result of defective property.

Where the defendant is aware that his act of negligence could cause pure economic loss.

Where the pure economic loss was caused by the defendant's omission.

. Generally, the standard of care expected of a person is judged objectively. However, in certain situations, the courts will allow elements of subjectivity into their deliberations. Which one of the following is NOT such a situation?

Where the defendant has some relevant special skill or expertise.

Where the defendant is a child.

Where the defendant suffers a sudden disabling event and is aware of the effect that the event has had.

Where the defendant is mentally or physically disabled or incapacitated.

Where the defendant acts in an emergency.

. When determining whether a breach of duty has taken place, the courts will take into account a number of factors. Which one of the following is NOT a relevant factor?

The usefulness of the defendant's conduct.

The seriousness of the injury.

The ease with which the damage sustained can be financially assessed.

The likelihood of injury.

The cost of precautions.

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