SQE1 Tort Law

Question 1

Under the neighbour principle established in Donoghue v Stevenson [1932], a duty of care is owed to:

Accepted Answer

Persons so closely and directly affected by one's act that one ought reasonably to have them in contemplation

Answer

Everyone in the world

Answer

Only persons in a contractual relationship

Answer

Only persons within physical proximity

Question 2

What three-stage test was established in Caparo Industries plc v Dickman [1990] for determining whether a duty of care exists?

Accepted Answer

Foreseeability, proximity, and whether it is fair, just, and reasonable to impose a duty

Answer

Proximity, causation, and remoteness

Answer

Duty, breach, and damage

Answer

Negligence, causation, and loss

Question 3

The standard of care expected of a professional in a negligence claim is assessed by reference to:

Accepted Answer

The standard of a reasonably competent professional in that field (the Bolam test)

Answer

The standard of the most skilled professional in the field

Answer

The standard of a reasonable person with no professional expertise

Answer

The highest standard achievable with current technology

Question 4

In the tort of negligence, what must a claimant prove regarding causation?

Accepted Answer

That the defendant's breach of duty was the factual and legal cause of the damage

Answer

That the defendant intended to cause harm

Answer

That the damage was the only possible outcome

Answer

That the defendant was aware of the specific risk

Question 5

Under the Consumer Protection Act 1987, liability for defective products is:

Accepted Answer

Strict — no need to prove fault by the producer

Answer

Based on fault — the claimant must prove negligence

Answer

Limited to contractual claims only

Answer

Only available against retailers

Question 6

The defence of contributory negligence under the Law Reform (Contributory Negligence) Act 1945 results in:

Accepted Answer

A reduction in damages proportionate to the claimant's fault

Answer

A complete defence that bars the claim entirely

Answer

An automatic 50% reduction in damages

Answer

The claim being struck out