Negligence: Breach of Duty of Care Recap Quiz

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What is a necessary requirement to bring an action for negligence?

Defendant must owe a duty of care (correct)

Claimant must prove breach of duty

Claimant must suffer a loss or damage

Defendant must raise a defense

What is an aspect of causation in negligence cases?

The claimant breaching the duty of care

Defendant being able to raise a defense

The loss not being too remote (correct)

Claimant being negligent

What is the next step after ascertaining the existence of a duty of care in a negligence case?

Consider if the claimant was also negligent

Assess if the duty of care has been breached (correct)

Calculate the amount of compensation

Determine if the loss was foreseeable

What is the 'standard of care' in negligence cases?

An objective threshold for measuring care and skill Signup and view all the answers

How do you establish the 'standard of care' in negligence cases?

By evaluating if the defendant acted as any person would have Signup and view all the answers

'Nettleship v Weston' case primarily focused on determining the standard of care in relation to what group?

Learner drivers or reasonably competent drivers Signup and view all the answers

What is the purpose of the provision mentioned in the text?

To contribute to both providing reassurance and ensuring that normal activities are not prevented Signup and view all the answers

What is the general principle regarding the burden of proof in a negligence case?

The burden of proof always rests on the claimant Signup and view all the answers

What is the purpose of the doctrine of res ipsa loquitur?

To shift the burden of proof to the defendant in certain circumstances Signup and view all the answers

What are the three conditions necessary for the doctrine of res ipsa loquitur to apply?

The offending thing must be under the control of the defendant, the accident must not usually happen when due care is exercised, and there must be no other possible explanation for the accident Signup and view all the answers

What is the standard of proof required to establish a breach of the standard of care in a negligence case?

Preponderance of the evidence Signup and view all the answers

What is admissible as proof of a breach of the standard of care?

Only evidence of the defendant's criminal conviction Signup and view all the answers

In what type of situation would the court consider the reasonable standard of a competent driver?

When judging a learner driver Signup and view all the answers

What aspect does the court take into consideration when judging children in cases like Mullin v Richards?

The absence of any previous injuries in similar situations Signup and view all the answers

Why would a driver with an impaired cognitive function be judged with a lower standard of care?

Because they have a sudden onset of illness Signup and view all the answers

What principle from Bolam v Friern Barnet Hospital Management Committee is still relevant for professionals exercising special skills?

They need to exercise ordinary skill in their profession Signup and view all the answers

Which factor is considered when determining the standard of care for professionals with special skills?

Their exercise of ordinary skill in their field Signup and view all the answers

In what context does the court evaluate the ability to foresee risks for children?

Judging against the background and absence of warnings or prior injuries Signup and view all the answers

What standard of care would apply to professionals when exercising special skills according to Bolitho v City & Hackney Health Authority?

Ordinary skill consistent with responsible professional opinion Signup and view all the answers

How does a sudden and unexpected onset of illness affect the standard of care for an individual with an illness according to Mansfield v Weetabix Ltd?

It reduces the standard of care required Signup and view all the answers

What factor is critical when determining the standard of care for professionals with special skills according to Bolam v Friern Barnet Hospital Management Committee?

The exercise of ordinary skill in their art Signup and view all the answers

What aspect does the court consider when evaluating children involved in activities, as seen in Mullin v Richards?

The absence of any previous injuries from similar activities Signup and view all the answers

What standard of care applies to practitioners of alternative medicine according to the case of Shakoor v Situ?

A somewhat higher standard, particularly when prescribing unsanctioned medicines Signup and view all the answers

According to the case of Latimer v AEC, what is the key factor in determining if an employer was negligent in protecting against a risk?

Whether the employer took all reasonable precautions in the circumstances Signup and view all the answers

According to Lord Normand in the case of Bolton v Stone, which of the following statements is true?

Precautions need not be taken against perils that are too remote Signup and view all the answers

What is the significance of the 'desirable activity' clause in the Compensation Act 2006?

It allows courts to consider the social utility of an activity when determining breach of duty Signup and view all the answers

According to the case of Paris v Stepney Borough Council, what was the key factor in determining the employer's duty of care?

The employer's knowledge of the employee's pre-existing condition Signup and view all the answers

Which of the following factors has contributed to the perceived 'compensation culture'?

Relaxation of rules on advertising legal services Signup and view all the answers

In the case of Watt v Hertfordshire CC, what factor was considered relevant in determining whether a breach of duty had occurred?

The social utility of the activity in question Signup and view all the answers

What is the role of case law in determining the existence of a 'compensation culture'?

Case law does not directly address the existence of a 'compensation culture' Signup and view all the answers

What is the significance of the case of Montgomery v Lanarkshire Health Board?

It questioned whether the Bolam test applies to the disclosure of medical risks Signup and view all the answers