CILEx L6 Tort Law

Question 1

In Donoghue v Stevenson [1932], Lord Atkin articulated which foundational principle in the law of negligence?

Accepted Answer

The neighbour principle, requiring care towards those closely and directly affected by one's acts

Answer

The strict liability rule for dangerous products regardless of fault

Answer

The res ipsa loquitur doctrine shifting the burden of proof to the defendant

Answer

The principle that manufacturers owe no duty of care to ultimate consumers

Question 2

Which case established the modern three-stage test for determining whether a duty of care exists in novel situations?

Accepted Answer

Caparo Industries plc v Dickman [1990]

Answer

Anns v Merton London Borough Council [1978]

Answer

Home Office v Dorset Yacht Co [1970]

Answer

Hedley Byrne & Co v Heller & Partners [1964]

Question 3

The Bolam test for professional negligence, supplemented by Bolitho v City and Hackney HA [1997], now requires that a professional's practice must:

Accepted Answer

Be capable of withstanding logical scrutiny and analysis by the court

Answer

Be endorsed by the majority of practitioners in the relevant field

Answer

Comply with published statutory or regulatory guidelines

Answer

Have been in use by the profession for at least five years

Question 4

In Barnett v Chelsea & Kensington Hospital [1969], the claimant's negligence claim failed on which element of liability?

Accepted Answer

Causation — even if the doctor had examined the patient, he would have died from arsenic poisoning anyway

Answer

The hospital owed no duty of care to the patient

Answer

The doctor's breach of duty was insufficiently serious to attract liability

Answer

The damage suffered was too remote from the defendant's breach

Question 5

The Privy Council's decision in Wagon Mound (No 1) [1961] changed the test for remoteness of damage in negligence by replacing:

Accepted Answer

The direct consequence test from Re Polemis with a reasonable foreseeability test

Answer

The neighbour principle with a three-stage duty of care test

Answer

The Bolam standard of care with an objective reasonable person test

Answer

Contributory negligence as a complete bar with a proportionate reduction of damages

Question 6

The 'eggshell skull' (thin skull) rule, applied in Smith v Leech Brain & Co Ltd [1962], provides that a defendant:

Accepted Answer

Must take the claimant as they find them and is liable for the full extent of harm, even where the extent was unforeseeable

Answer

Is only liable for the foreseeable extent of physical injury suffered by the claimant

Answer

Is only liable where the claimant's pre-existing condition was known to the defendant at the time of the breach

Answer

May have their liability reduced proportionately where the claimant's vulnerability contributed to the harm

Question 7

The Law Reform (Contributory Negligence) Act 1945 changed the common law position by enabling courts to:

Accepted Answer

Reduce the claimant's damages in proportion to their share of responsibility for the damage suffered

Answer

Find claimants wholly at fault and dismiss their claims where their contribution exceeded 50%

Answer

Award additional damages against a defendant who wrongly attempts to blame the claimant

Answer

Transfer the burden of disproving contributory negligence to the defendant once it is raised