Unit 2 Flashcards
True or False? The tort of negligence is derived from trespass to the person?
False- two torts had separate purposes and histories. Negligence is unintentional and actionable requires proof of damage, and trespass is intentional and actionable.
What is NOT a required element in establishing a negligence action?
Malicious intent on the part of the defendant.
Why did the plaintiff in Donoghue v Stevenson bring her action in tort instead of contract?
Because she, the injured party, had not actually purchased the ginger beer herself.
Why does the textbook use the 1969 case of Rondel v Worsley to illustrate the meaning of policy in duty of care?
Because the judges considered a number of non-legal factors in reaching their decision. correct
Which of the following best describes the main function of ‘duty of care’ in negligence?
It ensures that the tort of negligence does not extend too widely.
The 1978 case of Anns v London Borough of Merton was a decision which illustrated the expansionist phase of negligence.
True- Lord Wilberforce’s two stage test in Anns appeared, for a brief time, to provide for a prima facie assumption of duty in the first stage, which might only be negatived by policy in stage two.
Imagine that you are representing the defendants in the case of Dorset Yacht Company v Home Office. Which of the following arguments would you be least likely to use?
It was not foreseeable that the plaintiffs could be injured by the wrongdoing.
Which of the following statements is accurate in relation to Marc Rich Co v Bishop Rock Marine Co.
The 3-part test for duty of care was applied and the claimants’ case failed.
Lisa suffered a serious injury while on a skiing holiday. The injury was caused when she strayed from the group she was with and fell over a small precipice. Jethro saw what was about to happen but failed to warn her. In which of the following scenarios is it least likely that Jethro could be held liable in negligence?
Jethro is a passer-by who had never met Lisa.
Which of the following cases does not accurately illustrate the current state of the law regarding duty of care?
Osman v Ferguson
In which of the following scenarios is a duty of care least likely to be found?
A police officer fails to ask relevant questions to a suspect who is later released and offends again. correct
The 1928 case of Palsgraf v Long Island Railroad is often used to illustrate the concept of ‘duty to this plaintiff’. It is likely that today it would equally well be regarded as a question of:
Causation in law. The case could be approached as a question of remoteness, ie. at what point in the chain of causation should the defendant’s liability cease? See Bourhill v Young
