AQA law - Proving Negligence

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1. There are 3 tests for looking at whether there was a breach that caused resulting damage... what are they?

  • but-for test, eggshell skull rule and remoteness of damage
  • remoteness of damage, caparo test and the neighbour principle
  • but-for test, eggshell skull rule and chain of causation
  • eggshell skull rule, chain of causation and the caparo test
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Other questions in this quiz

2. The first duty of care was established in...?

  • Caparo v Hart
  • Donaghue v Stevenson
  • Pepper v Hart
  • Caparo v Dickman

3. 'The defendant must take the claimant as he finds him' ... which rule / test does this definition best apply to?

  • eggshell skull rule
  • but for test
  • neighbour principle
  • the JAC test

4. In Bradford v Robinson Rentals, the claimant suffered frostbite due to a broken car heater... could this be claimed for?

  • Yes... Everyone who had driven or been a passenger in that car had suffered frost bite so the damage was therefore foreseeable.
  • Yes... even though frost bite was unforeseeable, it WAS foreseeable that personal injury could occur due to a broken heater
  • No... The claimant owned the car heater and broke it himself by mistake so it was the claimant's own actions resulting in damage - he therefore couldn't claim for it.
  • No... the type of damage (personal injury) may have been foreseeable, but the specific injury of frost bite wasn't foreseeable so he therefore couldn't claim for it.

5. In Bolton v Stone, the cricket club weren't in breach of duty because...?

  • The cricket ball caused a serious injury to the person it hit but they didn't sue as they were a massive fan of the game.
  • There is a social benefit to playing cricket and the likelihood of the ball leaving the grounds and hitting someone was very low.
  • The likelihood of the cricket ball leaving the ground was high but the social benefit of the sport outweighs this.
  • There is a social benefit to playing cricket, and the ball hit a fellow cricket player who understood that playing the sport could lead to injury.

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