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Tort Law General Knowledge Check

This document contains a general knowledge check on tort law with 20 multiple choice questions. It covers key topics like the duty of care test from Donoghue v Stevenson, the elements of negligence, breach of duty, the reasonable person standard, res ipsa loquitur, and the functions and standards of proof in tort claims. The questions address topics such as which cases are important in establishing duty of care, what the Caparo test considers, and exceptions to the reasonable person modification.

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39 views

Tort Law General Knowledge Check

This document contains a general knowledge check on tort law with 20 multiple choice questions. It covers key topics like the duty of care test from Donoghue v Stevenson, the elements of negligence, breach of duty, the reasonable person standard, res ipsa loquitur, and the functions and standards of proof in tort claims. The questions address topics such as which cases are important in establishing duty of care, what the Caparo test considers, and exceptions to the reasonable person modification.

Uploaded by

world130108
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as ODT, PDF, TXT or read online on Scribd
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TORT LAW GENERAL KNOWLEDGE CHECK

Question 1

What case laid down the fundamental test for determining duty of care?

a) Bourhill v Young
b) Donoghue v Stevenson
c) Heaven v Pender
d) Yeun Kun Yeu v Atty-Gen of Hong Kong
Question 2

Which of the following is not a policy factor which may come into the duty of care
question?
a) The neighbour test
b) The impact on the insurance market
c) The floodgates possibility
d) Social morality
Question 3

The Caparo test for duty of care provides that three factors must be taken into
account. Which of the following is not included?
a) 'Fair, just and reasonable'
b) Proximity
c) Morality
d) Foreseeability
Question 4

Which of the following is not a required element in establishing a negligence action?


a) Breach of duty
b) Malicious intent on the part of the defendant
c) Duty of care
d) Causation of damage of a legally recognised type

Question 5

Why did the claimant in Donoghue v Stevenson bring her action in tort instead of
contract?
a) Because the claimant had not actually purchased the ginger
beer herself
b) Because the purchaser of the ginger beer was indirectly injured
c) Because the seller of the ginger beer was not responsible for the snail in the
bottle
d) Because the presence of the snail was a defect in quality rather than a danger

Question 6

Which of the following best describes the main function of 'duty of care' in
negligence?

a) It ensures that the correct defendant is sued


b) It ensures that the claimant is always within the time limit for bringing an action
c) It ensures that the tort of negligence does not extend too widely
d) It ensures that the wrongdoer has actually been careless
Question 7

What is meant by 'incremental' development of the law?

a) The law should be developed according to the principles of European law


b) Each case is to be considered according to analogy with earlier comparable
decisions
c) Precedent must be followed whenever possible
d) The law should be developed by academics as well as judges
Question 8

Breach of duty is….

a) Dependent on statute law


b) Largely a matter of fact
c) A matter for the jury
d) Largely a matter of principle

Question 9

Which is true of the 'reasonable man'?

a) He is of low intelligence
b) He is greatly experienced
c) He is casual about safety
d) He is neither excessively cautious or unusually risk-taking
Question 10

What is the best explanation for the decision in Nettleship v Weston?


a) There were no dual controls on the car
b) Driving a car on a public road must be treated as a heavy responsibility
c) The driver was insured against the accident
d) The driver had just passed her driving test
Question 11

In which of the following situations is the 'reasonable man' test not modified?
a) An elderly defendant
b) A skilled defendant
c) A very ill defendant
d) A child defendant
Question 12

Which statement below best describes the Bolam standard of care?


a) It is subjective and only applies to the medical profession
b) It is objective and applies to all skilled defendants
c) It deprives judges of the decision on breach of duty
d) It is both subjective and objective and applies in relation to professional
defendants
Question 13

Which of the following cases resulted in a finding that the cost of avoiding the risk
outweighed the risk and therefore the defendant had not been negligent?

a) Latimer v AEC
b) The Wagon Mound 2
c) Philips v William Whitely
d) Vowles Evans
Question 14

The effect of the application of res ipsa loquitur is:


a) To put the burden wholly on the defendant to disprove negligence beyond
reasonable doubt
b) To ensure that the claimant wins his case
c) To allow both parties to assume certain facts despite lack of proof
d) To make his defence, the defence will now have to put forward a plausible
explanation consistent with lack of negligence
Question 15

Which of the following is not a requirement for invoking res ipsa loquitur?
a) There must be no explanation for the cause of the accident
b) The cause of the accident must have been under the defendant's control
c) The defendant is not able to disprove breach
d) The accident must be of the kind which does not normally happen in the absence
of negligence
Question 16
Which function of Tort is widely viewed as being its most important?
a) Punishment
b) Deterrence
c) Compensation
d) Appeasement

Question 17

What is the standard of proof for Tort actions?


a) Beyond all reasonable doubt
b) To be of public interest
c) To the comfortable satisfaction of the panel
d) On the balance of probabilities
Question 18

What is the ‘Floodgates’ principle?


a) A fear that the courts’ workload will increase
b) A method of calulating economic loss
c) A class-action
d) A no-fault compensation principle
Question 19

Which of the following torts are actionable per se?


a) Nuisance
b) Trespass
c) Negligence
d) Occupiers’ liability

Question 20

Which of the following interests is not protected by the law of tort?


a) Reputation
b) Peaceful enjoyment of one’s land

c) The interest in unrestricted business competition


d) Physical safety

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