Unit 3 Flashcards
Which statement most accurately describes the reasonable man, or person?
They are neither excessively risk-taking or careful.
Which of the following cases is the best authority for the position that the knowledge of the defendant may increase his standard of care?
Paris v London Borough of Stepney
For which of the following groups is the objective or reasonable man/person test significantly modified?
Children
Which of the following is not an essential ingredient of res ipsa loquitur?
The claimant does not have access to all the relevant documents.
The cricket club in Bolton v Stone was held not to have behaved reasonably in guarding against an accident caused by a stray ball.
False- by a narrow majority it was held that the club had acted reasonably.
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?
Latimer- the defendant could not have been expected to close the factory, given the relatively minor risk.
Which statement most accurately reflects the law regarding duties of care in sporting activities?
Participants in sporting events are owed the duty of care which is appropriate to all the circumstances.
The ‘Bolam test’ involves the judges imposing their own views as to what professional behaviour is negligent in a certain situation.
False- in applying the Bolam test, the judge gives a measure of deference to the professional standard of care.
Which of the following facts was not significant to the decision in the Wagon Mound 2?
It was rubbish floating on the oil which eventually caught fire.
Sita is a young registrar in a surgical unit of the local hospital. Which of the following cases would be most applicable to determine the duty of care expected of her?
Wilsher v Essex AHA
The ‘prudent patient’ test was discussed by
Lord Scarman in Sidaway
The effect of the application of res ipsa loquitur is
to make his defence, the defendant will now have to put forward a plausible explanation consistent with lack of negligence
