MCQs Flashcards
A mother’s first labour was complicated. Upon getting pregnant the second time she was not advised as to the potential risks.
The mother suffered severe vaginal injury and the baby suffered brain injury.
Can a claim be brought?
A claim may be brought by both mum and child as the clinician should have took reasonable care to ensure that the mother was aware of the risk.
A pedestrian was struck by a lorry and was killed due to the lorry driving negligently. Her brief case she was carrying was damaged beyond repair.
The woman is survived by her two children.
What damages can be recovered?
The pedestrians estate can recover the damages in respect of her damaged briefcase.
A man was given a rowing machine by his wife. On the first use the seat of the machine flew off and knocked over and damaged a water dispenser which caused water to spill over the man’s laptop which damaged beyond repair. And he suffered personal injury.
How can the man claim under the consumer protection act 1987?
The man will be able to recover damage for personal injury and the damaged water dispenser only - de minimus provision.
Can someone be liable for omissions from a third party?
Yes if they have a positive duty.
However if they don’t have a special relationship with the third party then they are not expected to exercise control over them.
A father was not present during the birth of his child and unknown to him the child suffered complications during the birth.
Visiting 2 hours after the birth the receptionist escorted him to the baby unit where he saw his child with drips and monitors attached to her and then witnessed her suffer a convulsion. He then suffered PTSD.
Can the father claim?
Father has a claim against the hospital as secondary victim for psychiatric harm as a result of witnessing a sudden shocking event which happened to his child, in the immediate aftermath of the negligence.
Claimant bought a house located in a rural area 6 months ago. A cement factory is near the house which is making loud noises and the claimant can’t sleep at night.
Can she bring a claim against the factory owner?
Yes because the client will be able to pursue a claim in private nuisance because the noise is substantial and unreasonable.
A clients neighbour employed a building contractor to create a basement in their property, the builder disrupted a sewer and the road outside the clients home collapsed.
The client was injured and broke her leg.
Can the client have a claim against the builder?
Yes because the client has suffered particular harm over and above the harm suffered by the public as a whole.
When should the Caparo test be used?
To determine if a during care exists when there is no clear authority on the issue of if the current rules are no longer socially relevant.
A solicitor acts for the estate of a mother who was negligently killed in a workplace incident. The deceased had a spouse and twin children aged 6months.
Can the children claim for damages for bereavement?
No because the children are not on the statutory list of people who can claim.
The spouse will receive the award in full as they are on the statutory list.
A mother died leaving an 18 year old daughter, who has a place to go to uni full time later in the year. Under the deceaseds will they left all of their estate to their daughter.
Can the daughter claim for loss of dependency?
Yes because the daughter is on the statutory list of people who can claim and they were clearly financially dependent on the deceased.
A supermarket employee hit a trolley into a car owned by a customer. The customer witnessed the event and told the store supervisor and made it clear that the employee was at fault. The employee overheard and attacked the customer in the car park causing the customer personal injury.
Will the supermarket be vicariously liable?
Yes because the employee committed a tort during the course of their employment, there was a sufficiently close connection between the employees job and the tort they committed to make it fair and just for the employer to be held liable for the employees actions.
A client is a firefighter and has been diagnosed as suffering from depression which was caused by attending an accident on a motorway.
Two cars had collided and the client crawled into the wreckage to free a passenger in one of the cars.
Can the client be owed a duty of care for their depression?
Yes because the client was in danger of suffering a physical injury during the rescue.
Can a licensee have a standing to sue in private nuisance?
No because they won’t have a proprietary interest in the property.
Is there a duty of care owed for pure economic loss
No.
You can only claim if it resulted in physical damage to your property or if there was an assumption of responsibility
If an occupier hired a contractor to repair something but they have been negligent, will the occupier be responsible for the contractors negligence?
No but they can be liable for their own negligence e.g. by failing to take reasonable steps to deal with the danger when they know/ought to know of its existence.
Can you claim under the CPA 1987 for personal injury against a manufacturer even if you don’t have a contract with them?
Yes, if the item had a defect.
What is the difference between a final mandatory injunction and an interim mandatory injunction?
Final - would not be granted until the trial of the action.
Interim - granted before the trial.
Mandatory injunction - order requiring the defendant to take positive action to remove the wall.
Can a claimant claim damages for loss of a chance of achieving a better outcome e.g. if the claimant received proper treatment from the hospital, they would have had a 25% chance of a full recovery.
This type of claim cannot be awarded in medical negligence cases.
A recruitment company wishes to buy a kettle from a retail company.
After being used twice, the kettle does not work. What claim does the recruitment company have?
The kettle is not of satisfactory quality under the sales of goods act 1979.
A woman takes her gifted tablet to a repair shop. She pays for the repairs.
Can the woman recover repair costs in negligence from the retailer?
No because the repair costs are pure economic.
