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6. 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

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

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

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

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

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

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

10. 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.