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

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

  • The likelihood of the cricket ball leaving the ground was high but the social benefit of the sport outweighs this.
  • 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.
  • 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.

3. If the defendant has BREACHED their duty of care, they have...?

  • caused a personal injury to the claimant
  • done something wrong or failed to do something
  • done something wrong and shown no remorse for their actions
  • caused harm that was unforeseeable

4. In Roe v Minister of Health, was the doctor in breach of his duty of care?

  • No... because he had no way of knowing about the invisible cracks in the anaesthetic bottles, so harm from the contaminated medicine was not foreseeable.
  • No... because he had warned the patients that the medicine might be contaminated and they agreed to take it at their own risk.
  • Yes... because he is a doctor and has an obligated duty to care for his patients by providing them with sterile medication, which he failed to do.
  • Yes... because he was the one who caused the bottles to crack due to handling them in a rough manner when putting them onto the shelves.

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

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

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