AQA law - Proving Negligence

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

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

3. 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

4. The second part of the caparo test asks...?

  • Was there resulting damage?
  • Is there sufficient proximity between the claimant and the defendant?
  • Is the claimant themselves at fault?
  • Is it fair, just and reasonable to impose a duty?

5. 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
  • but-for test, eggshell skull rule and remoteness of damage
  • but-for test, eggshell skull rule and chain of causation
  • remoteness of damage, caparo test and the neighbour principle

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