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?

  • eggshell skull rule, chain of causation and the caparo test
  • remoteness of damage, caparo test and the neighbour principle
  • but-for test, eggshell skull rule and remoteness of damage
  • but-for test, eggshell skull rule and chain of causation
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2. Which two cases demonstrate that: types of damages that are not foreseeable, cannot be claimed for as they are too remote?

  • Smith v Leech Brain and Co... and ... Bolton v Stone
  • Paris v Stepney Borough Council ... and ... Whitely v Chappell
  • The Wagon Mound ... and ... Crossley v Rowlinson
  • Roe v Minister of Health ... and ... Smith v Leech Brain and Co

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

  • 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.
  • 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 was the one who caused the bottles to crack due to handling them in a rough manner when putting them onto the shelves.

4. There was NO duty of care owed in Bourhill v Young because...?

  • The motor cyclist did not cause the crash
  • the woman was responsible for the crash so nobody else owes her a duty of care
  • Harm wasn't foreseeable as she was 50 yards away from the accident
  • the type of injury (loss of her baby) was an unforeseeable

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

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


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