Deck 2: Introduction to the Tort of Negligence

Question 1

Which of the following is not a general principle of the tort of negligence?

A) To make people pay for the damage they cause when their conduct falls below an acceptable standard or level
B) To protect certain interests from the consequences of unreasonable behaviour
C) To punish a wrongdoer by making them pay compensation to an individual harmed by their carelessness.

Answer 1

C

Question 2

The tort of negligence was established in which landmark case?

A) Anns v Merton London Borough Council
B) Caparo Industries plc v Dickman
C) Donoghue v Stevenson
D) Murphy v Brentwood District Council

Answer 2

C

Question 3

Was there a snail in Mrs Donoghue's bottle of ginger beer?

A) Yes
B) No
C) We don't know

Answer 3

C

Question 4

In which of the following scenarios is the primary claim likely to be in the tort of negligence? Please select all that apply.

A) A famous soap opera actress is upset after unofficial photos are published in a glossy magazine of her wedding day.
B) A cyclist is knocked down and seriously injured by a speeding motorist.
C) A school fails to diagnose a student's dyslexia believing the student's poor performance to be simply down to laziness. The student fails their GSCEs.
D) A shopkeeper, who believes a teenager has stolen from them, waits by the door ready to stop them leaving before the police arrive.

Question 5

In which year was Donoghue v Stevenson decided?

A) 1832
B) 1882
C) 1932
D) 1982

Question 6

The 'neighbour principle' was set down by which law lord?

A) Lord Macmillan
B) Lord Atkin
C) Lord Donoghue
D) Lord Buckmaster

Question 7

In which of the following scenarios is the primary claim likely to be in the tort of negligence? Please select all that apply.

A) A professional footballer is seriously injured by a high tackle and is unable to play football again.
B) A junior doctor mistakenly injects their patient with the wrong antibiotic causing permanent paralysis.
C) An elderly woman breaks her hip after tripping over a raised paving slab on the pavement outside her local shop.
D) A first-time buyer buys a house on the basis of an inaccurate survey. As a result the property is worth significantly less than they paid for it.

Question 8

A successful claim in the tort of negligence arises when the defendant causes foreseeable damage to the claimant's person, property, or interests and fails to take reasonable care not to injure the claimant.

Question 9

A claimant will be jointly and severally liable when…

A) the negligent actions of two or more parties acting independently causes the same damage.
B) two or more parties act together in pursuit of a common design or plan and cause the same damage.
C) when the negligent action of a single claimant causes damage to two or more people.

Question 10

Duty + breach + (causation - remoteness) - ________ = the tort of negligence.

Question 11

Match Complete the case name for each of the following cases.
-Jackson v

A) Murray
B) Lanarkshire Health Board
C) Chief Constable of South Wales Police

Question 12

Match Complete the case name for each of the following cases.
-Montgomery v

A) Murray
B) Lanarkshire Health Board
C) Chief Constable of South Wales Police

Question 13

Match Complete the case name for each of the following cases.
-Michael v

A) Murray
B) Lanarkshire Health Board
C) Chief Constable of South Wales Police