AQA law - Proving Negligence

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1. 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 ball hit a fellow cricket player who understood that playing the sport could lead to injury.
  • 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.
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Other questions in this quiz

2. 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.

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

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

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

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

5. '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

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