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10 Questions

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Negligence Definition and Concepts

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Questions and Answers

What is the essential element of negligence related to the duty of care?

Foreseeability of damage

Breach of a legal duty (correct)

Proximity between the claimant and defendant

Relationship with the general human race

According to Lord Wright, what does negligence properly connote?

Duty owed to a person or class of persons

Heedless or careless conduct

Foreseeability of damage

Complex concept of duty, breach, and damage (correct)

What does the Caparo test require the court to consider in relation to negligence?

Foreseeability of a specific individual being affected by the defendant's actions

Breach of a legal duty

Relationship with the general human race

Reasonable foreseeability of damage (correct)

What type of harm does negligence protect against, according to the provided text?

Economic loss Signup and view all the answers

What is the meaning of 'proximity' in the context of imposing a duty of care?

It refers to foreseeability that the defendant's actions could cause damage to the claimant. Signup and view all the answers

What is the 'reasonable man' test used for in the context of negligence?

To assess whether the defendant's behavior conformed to the standard of care expected in that situation. Signup and view all the answers

What does 'standard of care' refer to in the context of negligence?

It is the duty to do whatever a reasonable person would do to prevent harm occurring. Signup and view all the answers

What factor is NOT considered when deciding what behavior would be expected of the reasonable person in a negligence case?

Economic consequences of imposing a duty of care. Signup and view all the answers

In negligence, what does 'causation' refer to?

The defendant's breach causing damage or injury to the claimant. Signup and view all the answers

What is NOT a factor considered when deciding what behavior would be expected of the reasonable person in a negligence case?

Defendant's state of mind at the time of committing negligence. Signup and view all the answers