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

Lord Atkin's neighbour principle in Donoghue v Stevenson established that a duty of care is owed to persons so closely and directly affected by one's act that one ought reasonably to have them in contemplation when directing one's mind to the acts or omissions in question.

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

The Caparo test requires: (1) foreseeability of harm, (2) a relationship of proximity between claimant and defendant, and (3) that it is fair, just, and reasonable to impose a duty of care.

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 Bolam test (Bolam v Friern Hospital Management Committee [1957]) sets the standard as that of a reasonably competent professional in that field. A professional is not negligent if they act in accordance with a practice accepted as proper by a responsible body of professionals.

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

A claimant must prove both factual causation (the 'but for' test — but for the defendant's breach, the damage would not have occurred) and legal causation (the damage was not too remote).

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

The Consumer Protection Act 1987 imposes strict liability on producers of defective products. The claimant need not prove negligence, only that the product was defective and caused damage.

SQE1 Practice Test

SQE1 Practice Test

SQE1 Tort Law