1. '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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Other questions in this quiz
2. The first duty of care was established in...?
- Pepper v Hart
- Donaghue v Stevenson
- Caparo v Dickman
- Caparo v Hart
3. In Bradford v Robinson Rentals, the claimant suffered frostbite due to a broken car heater... could this be claimed for?
- Yes... even though frost bite was unforeseeable, it WAS foreseeable that personal injury could occur due to a broken heater
- 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.
- 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.
- Yes... Everyone who had driven or been a passenger in that car had suffered frost bite so the damage was therefore foreseeable.
4. There was NO duty of care owed in Bourhill v Young because...?
- Harm wasn't foreseeable as she was 50 yards away from the accident
- 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
- The motor cyclist did not cause the crash
5. The second part of the caparo test asks...?
- Is there sufficient proximity between the claimant and the defendant?
- Was there resulting damage?
- Is it fair, just and reasonable to impose a duty?
- Is the claimant themselves at fault?