30 Questions
What was the primary method of proving tort through showing negligence or carelessness?
Action on the case
In what century did judges begin to recognize that many people suffered loss or injury through careless acts?
Eighteenth century
What was the primary reason for the development of the principle of negligence?
To recognize that many people suffered loss or injury through careless acts
What was the result of the establishment of the principle of negligence?
Defendants were considered liable for their careless acts in specific situations
What was the primary limitation of the tort system before the development of the principle of negligence?
It did not provide a means of establishing liability for careless acts
What was the main characteristic of the principle of negligence before the twentieth century?
There was no general duty of care
What is the term for the defendant's failure to act when they have a duty to do so?
Non-feasance
In the case of Murphy v Brentwood District Council, what was the outcome of the claimant's lawsuit against the council?
The council was not liable on the basis of a lack of duty of care
What is the name of the test that was overruled by the House of Lords in the Murphy v Brentwood District Council case?
The two-part test
What was the reason for the council's lack of liability in the Murphy v Brentwood District Council case?
The council could not owe a greater duty of care to the claimant than the builder
What is the term for the defendant's wrongful act?
Misfeasance
What was the result of the criticism by senior judges of the two-part test in the 1980s?
The two-part test was replaced by a new three-part test
What type of proximity is established when physical damage is caused by the defendant's negligence?
Both physical and legal proximity
What is required to establish liability in cases of nervous shock?
All of the above, including the closeness in time and space and witnessing the event
What is the purpose of the requirement that it is just and reasonable to impose a duty?
To identify a limit to liability
In the case of Hemmens v Wilson Browne, why was there no duty owed by the solicitors to the third party?
The man who instructed the solicitors could have remedied the situation
What is the significance of policy considerations in determining duties owed by public bodies?
They are similar to the requirement that it is just and reasonable to impose a duty
What is a key distinction between physical damage and nervous shock cases?
The physical proximity of the claimant
What is the ruling in Sirros v Moore QB 118 regarding judges' liability?
Judges are not liable for any negligence done in the performance of judicial office.
What is the alternative means of compensating victims mentioned in Hill v Chief Constable of West Yorkshire?
Claim to the Criminal Injuries Compensation Authority
What was the outcome of the Reeves v Commissioner of the Metropolitan Police case?
The police were found liable for the prisoner's suicide.
What is the issue that has been challenged in a human rights context regarding police immunity?
The blanket immunity of the police from negligence actions.
What was the outcome of the Osman v United Kingdom ECtHR case?
The court ruled in favor of the Osman family.
What was the circumstance of the Osman v United Kingdom ECtHR case?
Osman was killed by a teacher who formed an unnatural attachment to him.
What is the default position regarding compensation for loss?
The claimant is not prima facie entitled to compensation.
What was the reasoning behind the Court of Appeal's decision in Harris v Perry?
It is impractical for parents to keep children under constant supervision.
What is required for a duty of care to be imposed on the defendant?
There must be sufficient proximity between the parties, and the harm must be reasonably foreseeable.
What is the primary concern of judges when determining liability?
To discourage the assumption that anyone who suffers loss is entitled to compensation.
What must the defendant do to be considered to have breached their duty of care?
Act or fail to act in a way that causes harm.
What is the significance of the principle in past cases?
It applies because the material acts are analogous to those in past cases.
This quiz covers the basics of negligence, including its origins, essential elements, and the role of policy in establishing duty of care. It also tests your ability to apply the tests to factual situations.
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