SQE1 Tort & Business Law 1

Question 1

In the tort of negligence, what three elements must a claimant establish to succeed?

Accepted Answer

Duty of care, breach of duty, causation of damage

Answer

Intention, breach of statute, loss

Answer

Foreseeability, malice, and damage

Answer

Offer, acceptance, and consideration

Question 2

Which case established the modern test for duty of care in negligence using the 'neighbour principle'?

Accepted Answer

Donoghue v Stevenson [1932]

Answer

Caparo Industries plc v Dickman [1990]

Answer

Hedley Byrne & Co v Heller [1964]

Answer

Alcock v Chief Constable of South Yorkshire [1992]

Question 3

What is the Caparo three-stage test for establishing a duty of care?

Accepted Answer

Foreseeability of damage, proximity of relationship, and fairness/justness/reasonableness of imposing a duty

Answer

Causation, proximity, and reasonableness

Answer

Intention, breach, and damage

Answer

Offer, acceptance, and consideration

Question 4

In tort law, what does the principle 'res ipsa loquitur' mean and when is it applied?

Accepted Answer

The thing speaks for itself — it shifts the evidential burden when an accident would not normally happen without negligence

Answer

Latin for 'the defendant is liable' — applied in all personal injury cases

Answer

A defence to negligence available to professionals

Answer

A rule requiring written evidence of negligence

Question 5

Under English company law, what is the main consequence of the principle of 'separate legal personality' established in Salomon v Salomon & Co Ltd [1897]?

Accepted Answer

A company is a legal person distinct from its shareholders, with its own rights and liabilities

Answer

Shareholders are jointly liable for company debts

Answer

Directors are personally liable for all company obligations

Answer

A company cannot own property in its own name

Question 6

What is 'vicarious liability' in the law of tort?

Accepted Answer

The liability of one party (e.g., an employer) for the tortious acts of another (e.g., an employee) committed in the course of employment

Answer

The liability of an employee for their employer's negligence

Answer

The liability of a director for their company's acts

Answer

Personal liability for acts of independent contractors