Tort of Negligence (General Duty)

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  • Created by: pikhan
  • Created on: 29-05-18 08:21

1. "This is the test that is used to establish causation in fact. If the harm would not have happened 'but for' the defendant's negligent behaviour, the negligence is the cause of that harm" In which case law described the 'but for' test?

  • Fitzgerald v Lane
  • Cork v Kirby
  • Chester v Afshar
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Other questions in this quiz

2. In Alcock case, House of Lords had established the controls to be satisfied for secondary victim. Which are the following are not among the controls

  • Witnessed the event with unaided senses
  • The psychiatric illness must not arise from a single shocking event
  • Close tie of love and affection

3. Explain the 'thin skull' or 'eggshell skull' rule

  • A tortfeasor has a duty of care to someone and must guard against the risk of harm being done
  • A tortfeasor is liable for all consequences resulting from his/her tortious activity leading to an injury of another person
  • A tortfeasor is not responsible for any unforeseeable events before or at the time of the incident

4. Lord Oliver in Alcock v Chief Constable of South Yorkshire distinguished between primary victim and secondary victim. What is primary victim?

  • are those who are involved immediately as a participant
  • a person who suffers pyschiatric harm as a result of seeing or hearing someone being harm
  • someone who rescue a person at the event

5. "The omission to do something that a reasonable man would do or doing something which a reasonable and prudent man would not do" This was defined by Alderson B in which case?

  • Rylands v Fletcher
  • Blyth v Proprietors of the Birmingham Waterworks
  • Eastern Counties Leather v Cambridge Water

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