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Are You Negligent About Negligence?

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Questions and Answers

What is negligence in modern law?

A type of insurance

An important tort (correct)

A contractual obligation

A criminal offense

What is the definition of negligence?

A breach of contract

A criminal offense

A type of insurance claim

A legal obligation to take care (correct)

What does negligence protect against?

Personal injury, damage to property, and economic loss (correct)

Personal injury only

Damage to property only

Economic loss only

What are the three elements of the tort of negligence?

Duty of care, breach of duty, and damage to the claimant (B) Signup and view all the answers

Who owes a duty of care to others?

The driver of a vehicle, occupier of premises, manufacturer of goods, and employer (A) Signup and view all the answers

What is the first question in any action for negligence?

Whether the defendant owed a duty of care to the claimant (A) Signup and view all the answers

What is the foreseeability test?

A test to determine if the defendant owed a duty of care to the claimant (B) Signup and view all the answers

Study Notes

Negligence is an important tort in modern law.
Negligence is defined as the breach of a legal duty to take care that results in damage to the claimant.
Negligence protects against personal injury, damage to property, and economic loss.
The three elements of the tort are duty of care, breach of duty, and damage to the claimant.
A duty of care is a legal concept that dictates the circumstances in which one party will be liable to another in negligence.
The law restricts its protection to those in which a duty of care was owed.
The driver of a vehicle, occupier of premises, manufacturer of goods, and employer owe a duty of care to others.
The first question in any action for negligence is whether the defendant owed a duty of care to the claimant.
A duty of care will be owed wherever it is foreseeable that the claimant will be harmed if the defendant does not exercise due care.
The foreseeability test was laid down by Lord Atkin in Donoghue v Stevenson and is known as the “neighbour principle”.

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Description

Test your knowledge of negligence, an important tort in modern law that protects against personal injury, damage to property, and economic loss. In this quiz, you'll learn about the three elements of the tort, including duty of care, breach of duty, and damage to the claimant. Discover who owes a duty of care, the circumstances in which one party will be liable to another in negligence, and the famous "neighbour principle" laid down by Lord Atkin in Donoghue v Stevenson.