Negligence: Duty of Care

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What was the primary method of proving tort through showing negligence or carelessness?

Special case for liability

Action on the case (correct)

Direct interference with the claimant or property

Intentional and indirect interference

In what century did judges begin to recognize that many people suffered loss or injury through careless acts?

Nineteenth century

Seventeenth century

Eighteenth century (correct)

Twentieth 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 (correct)

To abolish the principle of foreseeability

To provide a means of establishing liability for intentional acts

To establish a general duty of care

What was the result of the establishment of the principle of negligence?

Defendants were considered liable for their careless acts in specific situations Signup and view all the answers

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 Signup and view all the answers

What was the main characteristic of the principle of negligence before the twentieth century?

There was no general duty of care Signup and view all the answers

What is the term for the defendant's failure to act when they have a duty to do so?

Non-feasance Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

What is the term for the defendant's wrongful act?

Misfeasance Signup and view all the answers

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 Signup and view all the answers

What type of proximity is established when physical damage is caused by the defendant's negligence?

Both physical and legal proximity Signup and view all the answers

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 Signup and view all the answers

What is the purpose of the requirement that it is just and reasonable to impose a duty?

To identify a limit to liability Signup and view all the answers

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 Signup and view all the answers

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 Signup and view all the answers

What is a key distinction between physical damage and nervous shock cases?

The physical proximity of the claimant Signup and view all the answers

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. Signup and view all the answers

What is the alternative means of compensating victims mentioned in Hill v Chief Constable of West Yorkshire?

Claim to the Criminal Injuries Compensation Authority Signup and view all the answers

What was the outcome of the Reeves v Commissioner of the Metropolitan Police case?

The police were found liable for the prisoner's suicide. Signup and view all the answers

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. Signup and view all the answers

What was the outcome of the Osman v United Kingdom ECtHR case?

The court ruled in favor of the Osman family. Signup and view all the answers

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. Signup and view all the answers

What is the default position regarding compensation for loss?

The claimant is not prima facie entitled to compensation. Signup and view all the answers

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. Signup and view all the answers

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. Signup and view all the answers

What is the primary concern of judges when determining liability?

To discourage the assumption that anyone who suffers loss is entitled to compensation. Signup and view all the answers

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. Signup and view all the answers

What is the significance of the principle in past cases?

It applies because the material acts are analogous to those in past cases. Signup and view all the answers