Question 1

When setting the appropriate standard of care in a particular case, what factors do the courts take into account? Please select all that apply.

Accepted Answer

A)   The probability of the injury occurring
B)   The cost of taking precautions
C)   The social value of the activity
D)   The seriousness of the injury

Question 2

If P = probability of injury, L = seriousness of injury and B = private and social costs of the necessary precautions, in which of the following formulations of the Learned Hand test would a reasonable person take precautions?

Accepted Answer

A)   LB 
B)   BP > P
C)   B 
D)   B > LP

Question 3

Match For each of the following cases, match the case name to the highest court reached or complete the case name.
-Montgomery v Lanarkshire Health Board

Accepted Answer

A)   QBD
B)   UKSC
C)   Weetabix Ltd
D)   Hertfordshire County Council B

Question 4

Match For each of the following cases, match the case name to the highest court reached or complete the case name.
-Mansfield v

Accepted Answer

A)   QBD
B)   UKSC
C)   Weetabix Ltd
D)   Hertfordshire County Council

Question 5

What is outlined in the quote that follows?
'There must be reasonable evidence of negligence, but, where the thing is shown to be under the management of the defendant, or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management of the machinery use proper care, it affords reasonable evidence, in the absence of explanation of the defendant, that the accident arose from want of care'.

Accepted Answer

A)   The Bolam test
B)   The doctrine of res ipsa loquitur (the thing speaks for itself) 
C)   The Learned Hand test
D)   The standard of care

Question 6

Match For each of the following cases, match the case name to the highest court reached or complete the case name.
-Bolam v Friern Hospital Management Committee

Accepted Answer

A)   QBD
B)   UKSC
C)   Weetabix Ltd
D)   Hertfordshire County Council

Question 7

Why did the majority of the Court of Appeal in Nettleship v Weston allow the driving instructor's claim? Please select all that apply.

Accepted Answer

A)   To prevent the injustice that might follow should the standard of care be varied according to someone's knowledge of another's skill
B)   To punished the defendant for failing to pay attention
C)   To ensure that the claimant could be adequately compensated by the defendant's motor insurance
D)   To avoid the confusion that may follow if the standard of care varied according to the claimant's experience or expertise

Question 8

Who said the following and in which case?
'Thus we are, in this branch of the law, moving away from the concept: 'No liability without fault'. We are beginning to apply the test: 'On whom should the risk fall?''

Accepted Answer

A)   Denning LJ in Roe v Ministry of Health
B)   Denning MR in Nettleship v Weston
C)   McNair J in Bolam v Friern Hospital Management Committee
D)   Lord Oaskey in Bolton v Stone B

Question 9

Inspired by London 2012 Neil, aged 15, decides to take Archery lessons run by 'Rack-Horse Archery Club'. The lessons take place in a field owned by the club, which is adjacent to a quiet country lane. The targets are set some distance from the lane; however the only barrier between the field and the lane is the hedgerow. Roger is walking his dog along the lane when Neil loses control of his bow and his arrow flies off at an unexpected tangent, landing in Roger's eye. Which of the following would be the best argument for Neil to make?

Accepted Answer

A)   Roger is contributory negligent and so he (Neil)  is not liable at all
B)   He (Neil)  had done his inexperienced best to avoid hitting anyone
C)   The standard of care is lower in respect of sporting injuries and as such he (Neil)  had not fallen below the standard of care expected of him.
D)   He (Neil)  had acted as an ordinary child of 15 and as such he had not fallen below the standard of care expected of him. D

Question 10

The Compensation Act was enacted in which year?

Accepted Answer

A)   2006
B)   2005
C)   1996
D)   1995

Question 11

Match For each of the following cases, match the case name to the highest court reached or complete the case name.
-Watt v

Accepted Answer

A)   QBD
B)   UKSC
C)   Weetabix Ltd
D)   Hertfordshire County Council

Question 12

According to the House of Lords' decision in Bolitho v City and Hackney Health Authority, a professional will not be in breach of their duty of care if they…

Accepted Answer

A)   have acted as a reasonable person would have done.
B)   have acted in accordance with a practice accepted as proper by a responsible body of people skilled in that particular area, even if that practice was logically insupportable.
C)   have acted in accordance with a practice accepted as proper by a responsible body of people skilled in that particular area and the practice is logically supportable.
D)   have acted to the best of their ability.

Question 13

Which of the following statements is not (usually)  a formulation of the standard of care expected in the tort of negligence?

Accepted Answer

A)   What standard of care did the circumstances require?
B)   What behaviour was reasonable in the situation at hand?
C)   What would a reasonable man in the position of the defendant have done in the circumstances?
D)   What could this particular defendant have done?

Exam 8: Breach of Duty: The Standard of Care

When setting the appropriate standard of care in a particular case, what factors do the courts take into account? Please select all that apply.

Correct Answer
verified

If P = probability of injury, L = seriousness of injury and B = private and social costs of the necessary precautions, in which of the following formulations of the Learned Hand test would a reasonable person take precautions?

Correct Answer
verified

Match For each of the following cases, match the case name to the highest court reached or complete the case name. -Montgomery v Lanarkshire Health Board

Correct Answer
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B

Match For each of the following cases, match the case name to the highest court reached or complete the case name. -Mansfield v

Correct Answer
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Correct Answer
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Match For each of the following cases, match the case name to the highest court reached or complete the case name. -Bolam v Friern Hospital Management Committee

Correct Answer
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Why did the majority of the Court of Appeal in Nettleship v Weston allow the driving instructor's claim? Please select all that apply.

Correct Answer
verified

Who said the following and in which case? 'Thus we are, in this branch of the law, moving away from the concept: 'No liability without fault'. We are beginning to apply the test: 'On whom should the risk fall?''

Correct Answer
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B

Correct Answer
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D

The Compensation Act was enacted in which year?

Correct Answer
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Match For each of the following cases, match the case name to the highest court reached or complete the case name. -Watt v

Correct Answer
verified

According to the House of Lords' decision in Bolitho v City and Hackney Health Authority, a professional will not be in breach of their duty of care if they…

Correct Answer
verified

Which of the following statements is not (usually) a formulation of the standard of care expected in the tort of negligence?

Correct Answer
verified

Exam 8: Breach of Duty: The Standard of Care

When setting the appropriate standard of care in a particular case, what factors do the courts take into account? Please select all that apply.

Correct AnswerverifiedShow Answer

If P = probability of injury, L = seriousness of injury and B = private and social costs of the necessary precautions, in which of the following formulations of the Learned Hand test would a reasonable person take precautions?

Correct AnswerverifiedShow Answer

Match For each of the following cases, match the case name to the highest court reached or complete the case name. -Montgomery v Lanarkshire Health Board

Correct AnswerverifiedB

Match For each of the following cases, match the case name to the highest court reached or complete the case name. -Mansfield v

Correct AnswerverifiedShow Answer

Correct AnswerverifiedShow Answer

Match For each of the following cases, match the case name to the highest court reached or complete the case name. -Bolam v Friern Hospital Management Committee

Correct AnswerverifiedShow Answer

Why did the majority of the Court of Appeal in Nettleship v Weston allow the driving instructor's claim? Please select all that apply.

Correct AnswerverifiedShow Answer

Who said the following and in which case? 'Thus we are, in this branch of the law, moving away from the concept: 'No liability without fault'. We are beginning to apply the test: 'On whom should the risk fall?''

Correct AnswerverifiedB

Correct AnswerverifiedD

The Compensation Act was enacted in which year?

Correct AnswerverifiedShow Answer

Match For each of the following cases, match the case name to the highest court reached or complete the case name. -Watt v

Correct AnswerverifiedShow Answer

According to the House of Lords' decision in Bolitho v City and Hackney Health Authority, a professional will not be in breach of their duty of care if they…

Correct AnswerverifiedShow Answer

Which of the following statements is not (usually) a formulation of the standard of care expected in the tort of negligence?

Correct AnswerverifiedShow Answer

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B

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B

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D

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