U3 WB1

1. 1In Donoghue v Stevenson, who was suing who?

   1. AMrs Donoghue was suing the café owner for
      negligently selling her a drink that was not fit for
      human consumption
   2. BMrs Donoghue was suing the manufacturer of a
      drink that was not fit for human consumption
   3. CMrs Donoghue was suing her friend for buying her
      a drink that was not fit for human consumption
   4. DMrs Donoghue was suing all three of the above for
      negligence
2. 2Tort can be defined as:

   1. AA civil wrong which is not a breach of contract
   2. BA criminal wrong which is not a breach of
      contract
   3. CA civil wrong which is a breach of contract
   4. DA criminal wrong which is a breach of contract
3. 3Which of the following best defines the duty of care in negligence as set out in Donoghue v Stevenson?

   1. AThat a person must take reasonable care to avoid
      acts or omissions which would be likely to injure
      their neighbour
   2. BThat a person must take reasonable care to avoid
      acts which he or she can reasonably foresee
      would be likely to injure their neighbour
   3. CThat a person must use take utmost care to avoid
      acts or omissions which he or she can reasonably
      foresee would be likely to injure their neighbour
   4. DThat a person must take reasonable care to avoid
      acts or omissions which he or she can reasonably
4. 4Which one of the following does not need to
   be proved for a claim for negligence to be
   successful?

   1. AClaimant suffered financial loss
   2. BDefendant owed a duty of care
   3. CDefendant failed to perform that duty of care
   4. DClaimant suffered damage
5. 5Which one of the following statements best describes the main purpose of tort law?

   1. ATo punish lawbreakers and deter those who are
      tempted to break the law
   2. BTo allow injured parties to obtain redress for
      breach of an agreement
   3. CTo allow injured parties to obtain redress for
      breach of a legal duty owed to them
   4. DTo fill the gaps left by inadequate insurance cover
6. 6What do you have to prove to sue in negligence?

   1. AThat there is a contract of some kind, even
      though you may not be a party to it.
   2. BThat the person you want to sue owes you a duty
      of care and is in breach of that duty
   3. CThat you are linked to the person you want to sue
      through a chain of contracts e.g. manufacturer-retailer-consumer
   4. DThat the person you want to sue is a
      manufacturer of goods.
7. 7Which of the following correctly completes
   the sentence "My neighbour in the tort of
   negligence is a person who ..."?

   1. AI ought reasonably to have in contemplation as being
      directly and closely affected by my acts or omissions
   2. BIs within my contemplation when I am directing my mind to
      the acts or omissions which are called into question
   3. CIs so closely and directly affected by my act that I ought
      reasonably to have him in contemplation as being so
      affected when I am directing my mind to the acts or
      omissions which are called into question
   4. DIs so closely and directly affected by my act that I ought
      reasonably to have him in contemplation as being so
      affected when I am directing my mind to the acts which are
      called into question
8. 8What is the standard of proof in tort?

   1. AWithout doubt
   2. BOn the balance of probabilities
   3. COn the balance of equalities
   4. DBeyond reasonable doubt
9. 9Freddie claims he was injured by a fork lift
   truck driven by Jules. He wants to bring a
   claim against Jules in tort. What must he
   prove in addition to the establishing that Jules
   owed him a legal duty in tort?

   1. AThat Jules' action caused Freddie's injuries
   2. BThat Jules breached his legal duty in tort
   3. CThat Jules breached his legal duty in tort and this
      breach caused Freddie's injuries
   4. DNothing - the facts speak for themselves
10. 10A learner driver crashes into your car. He
    claims that he was doing his best to avoid you
    but his driving was very poor indeed. Is he
    liable to you in tort?

    1. AYes, because he will be judged by the standards
       of the average learner driver
    2. BYes, because he will be judged by the standards
       of the average competent driver
    3. CNo, because he is a learner driver so you should
       have been more careful
    4. DNo, because you should both have insurance

11. 11Which of the following cases is usually cited
    as an example of the “Thin skull” or "eggshell
    skull" rule?

    1. ADulieu v White
    2. BSutradhar v NERC
    3. CBourhill v Young
    4. DCaparo v Dickman
12. 12Which of the following defendants is least likely to owe a duty of care?

    1. AAn architect is sued for failing to spot that a wall, which he designed and approved, had
       foundations which were too shallow
    2. BA vehicle inspector is sued for failing to spot that a vehicle has defective brakes
    3. CA sporting regulator is sued for refusing to allow a player to be treated for an injury
    4. DAn engineering consultant engaged to report on
       the foundations of a house is sued for failing to
       carry out tests which would have shown problems with the roof

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Quiz on U3 WB1, created by Amy Sleath on 05/12/2019.

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Amy Sleath

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