Self-test questions: Omissions and Acts of Third Parties

Quiz Content

not completed
. In which of the following situations will there be NO duty of care owed by the Defendant in respect of an omission?

not completed
. Candice walks past a small child who appears to be face down in a pond. She pauses and looks, then carries on her way without helping or assisting in any way. What is the correct statement in law?

not completed
. Erica is a vulnerable prisoner in the custody of the police, having been arrested. No-one tells the police that Erica might be a suicide risk, but she does present in a vulnerable way which suggests she may be struggling with poor mental health. The police fail to check on Erica at regular intervals and Erica commits suicide in custody. Did the police owe Erica a duty of care?

not completed
. Melanie is the class teacher for 4 and 5 year olds. This includes a 4 year old girl Nina. Melanie takes the children out on to the school field to play, but then leaves them unattended when she is called to answer a telephone call. Nina wanders away from the school field and strays into the car park where Jyoti, a car driver is injured when they have to swerve to avoid her. Can Jyoti show that Melanie owed her a duty of care in this situation?

not completed
. Mike is a police officer crewed with Reg. They attend a callout outside a pub, and Mike is attacked by an assailant. Mike calls out for help and Reg ignores him, looking at his phone instead. Mike is punched in the head several times before managing to gain control of the assailant and arrest him. Mike suffers long term injuries as a result. Does Reg owe Mike a duty of care?

not completed
. Dr. Newstead is driving along a road, when he sees a road traffic accident. Harika, one of the victims is lying bleeding at the side of the road. Dr. Newstead is in a hurry to get to a meeting, so keeps driving. Does Dr.Newstead owe a duty of care to Harika?

not completed
. The fire service attend a fire at Rianna's shop caused by Joanna who left a cigarette unattended. In fighting the fire, the fire chief instructs a fireman to turn off the sprinkler system which results in the fire spreading further and faster through the building. As a result, £100,000 worth of damage is caused and evidence is brought before the Court to suggest that had the sprinklers been left turned on the damage would have been just £50,000. Does the fire service owe Rianna a duty of care?

not completed
. In which of the following situations will there NOT be a duty of care imposed on a Defendant in respect of the actions of a third party?

not completed
. Bobbi employs Wanda to do her gardening while she is out at work and gives her access to her garden shed to enable her to use the tools. Bobbi specifically asks Wanda to lock the shed and post the keys through the letterbox when she has finished the work. Wanda fails to lock up the shed, leaving the shed door wide open. Before Bobbi returns home, burglars enter the shed and steal all of her tools. Does Wanda owe Bobbi a duty in relation to the burglars' actions?

not completed
. Stephen is a violent man with many criminal convictions who lives next door to Dave, both are council tenants. Stephen is called to a meeting with the council about his anti-social behaviour, which included making death threats towards Dave. During the meeting he was threatened with eviction if his behaviour did not stop. Stephen left the meeting and upon his return home he immediately attacked Dave. Did the council owe Dave a duty to warn him and the police of the potential danger posed by Stephen?

not completed
. One of the exceptions to the rule that a Defendant does not owe a duty in relation to the actions of a third party is where there is a special relationship between the Defendant and the third party. Which of the following cases is the classic example of a Defendant assuming responsibility for a third party's actions due to a special relationship?

not completed
. Toni leaves her lorry unattended at a beer festival with the keys in the ignition. During the festival, Gary (who has under the influence of alcohol having consumed many beers) spots the unlocked lorry and decides to drive it home, dangerously, and swerves into a brick wall causing significant damage. Does Toni owe a duty to the owner of the brick wall?

not completed
. Jocelyn owns an empty property which is broken into by unknown third parties who started a fire which spread to Abigail's house next door causing extensive damage. Jocelyn had installed security cameras while her property was empty. Does Jocelyn owe Abigail a duty here?

not completed
. Clive owns a mattress warehouse which is regularly broken into by vandals. On one occasion they set fire to some mattresses stored in the warehouse and the fire spreads to Vele's warehouse next door causing damage. Vele has complained to Clive on a number of occasions about people breaking in and causing trouble, but Clive has not responded. Does Clive owe Vele a duty here?

not completed
. Etienne owns a plot of land next door to Jeremy. A tree on the edge of Etienne's property is struck by lightning and catches fire. Etienne chops down the tree but decides to let the fire burn itself out naturally. Unfortunately, the wind reignites the fire and it spreads next door, damaging Jeremy's shed. Does Etienne owe Jeremy a duty in this situation?

Back to top