AQA law - Proving Negligence

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

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

2. '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

3. Which two cases demonstrate that: types of damages that are not foreseeable, cannot be claimed for as they are too remote?

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

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

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

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

  • remoteness of damage, caparo test and the neighbour principle
  • but-for test, eggshell skull rule and remoteness of damage
  • eggshell skull rule, chain of causation and the caparo test
  • but-for test, eggshell skull rule and chain of causation


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