Question 1

Match Complete the case name for each of the following cases.&#10;-Anns v&#10;A) Merton LBC&#10;B) Brentwood DC&#10;C) Dickman&#10;D) Stevenson

Accepted Answer

The full case name is Anns v Merton LBC, which established the two-stage test for determining whether a duty of care exists in the context of Private Nuisance.

Question 2

Match Complete the case name for each of the following cases.&#10;-Murphy v&#10;A) Merton LBC&#10;B) Brentwood DC&#10;C) Dickman&#10;D) Stevenson

Accepted Answer

Murphy v Brentwood DC is a landmark case in English tort law concerning negligence and economic loss.

Question 3

Match Complete the case name for each of the following cases.&#10;-Caparo Industries v&#10;A) Merton LBC&#10;B) Brentwood DC&#10;C) Dickman&#10;D) Stevenson

Accepted Answer

The full case name is Caparo Industries Plc v Dickman [1990] 2 AC 605.

Question 4

Match Complete the case name for each of the following cases.&#10;-Donoghue v&#10;A) Merton LBC&#10;B) Brentwood DC&#10;C) Dickman&#10;D) Stevenson

Accepted Answer

The full name of the case is Donoghue v Stevenson.

Question 5

In relation to which of the following situations might establishing a duty of care be considered 'unproblematic'? Please select all that apply.&#10;A) A doctor misreads an x-ray and as a result fails to diagnose their patient's illness correctly.&#10;B) A pedestrian suffers minor injuries when they are hit by a car which has 'jumped' a red traffic light.&#10;C) An employee suffers a nervous breakdown caused by their unreasonable workload.&#10;D) A financial advisor confuses the shareholder's report of a highly successful company with one that is on the verge of bankruptcy. As a result, they tell their client to buy shares in the latter company which goes bankrupt two weeks later.

Accepted Answer

The answer of In relation to which of the following...

Question 6

Why might the courts be reluctant to impose a duty of care in certain situations? Please select all that apply.&#10;A) To avoid imposing 'crushing liability' on a particular individual or class of defendants&#10;B) To stop a 'flood' of claims which may in turn clog up or slow down the tort system as a mechanism for compensation&#10;C) To prevent over self-regulation by potential defendants in relation to beneficial yet 'risky' activities&#10;D) Because the defendant has simply done nothing wrong - it is sometimes entirely reasonable to act in ways that leave others worse off

Accepted Answer

Courts may be reluctant to impose a duty of care to avoid imposing 'crushing liability' on defendants, prevent a flood of claims that could clog the tort system, discourage over self-regulation that might deter beneficial activities, and recognize that not all actions causing harm are wrongful.

Question 7

Which case is the following quote from?&#10;'&#8230; in addition to the foreseeability of damage, necessary ingredients in any situation giving rise to a duty of care are that there should exist between the party owing the duty and the party to whom it is owed a relationship characterised by the law as one of 'proximity' or 'neighbourhood' and that the situation should be one in which the court considers it fair, just and reasonable that the law should impose a duty of a given scope on the one party for the benefit of the other'.&#10;A) Anns v Merton LBC&#10;B) Murphy v Brentwood DC&#10;C) Caparo Industries v Dickman&#10;D) Donoghue v Stevenson

Accepted Answer

This quote is from the case Caparo Industries v Dickman, which established the three-part test for duty of care: foreseeability, proximity, and whether it is fair, just, and reasonable to impose a duty.

Question 8

Caparo sets out a 'three stage test' that must be applied in all cases where there is a novel duty situation.

Accepted Answer

While many lawyers came to view Caparo as setting down a new test which they must apply when working out when duties of care arise, this was not just a misreading of the judgments in Caparo but indeed the very opposite of what the court had intended. The Supreme Court has, in recent years, sought to resurrect and restate the true message of Caparo. The point was emphasized by Lord Reed in Robinson v Chief Constable of West Yorkshire [2018].

Question 9

Caparo sets out a 'three stage test' that must be applied in all cases where there is a novel duty situation.

Accepted Answer

While many lawyers came to view Caparo as setting down a new test which they must apply when working out when duties of care arise, this was not just a misreading of the judgments in Caparo but indeed the very opposite of what the court had intended. The Supreme Court has, in recent years, sought to resurrect and restate the true message of Caparo. The point was emphasized by Lord Reed in Robinson v Chief Constable of West Yorkshire [2018].

Question 10

The Supreme Court in Robinson v Chief Constable of West Yorkshire [2018] rejected the Caparo three-stage 'test'

Accepted Answer

The court in Robinson rejected the so-called three stage 'test'. This was the court held very opposite of what the court in Caparo had intended. This does not however mean that Caparo is irrelevant. It changes starting point from which decisions on whether the defendant owes the claimant a duty to take reasonable care not to cause them injury are made. The court must weigh up all the applicable reasons and arguments for and against recognizing a duty of care. A duty of care will be found only if the court considers that, on balance, the combined reasons in favour of a duty of care are stronger than the combined reasons against, with no presumption that a duty will be owed when harm is foreseeable.

Question 11

Why did later courts reject Lord Atkin's neighbour principle?&#10;A) Because it was too broad&#10;B) Because it was too narrow&#10;C) Because it was too straightforward

Accepted Answer

The answer of Why did later courts reject Lord Atkin's...

Question 12

From where did the House of Lords in Caparo Industries v Dickman take the incremental by analogy approach?&#10;A) Donoghue v Stevenson&#10;B) Anns v Merton London Borough Council&#10;C) Sutherland Shire Council v Heyman&#10;D) The Nicolas H

Accepted Answer

The answer of From where did the House of Lords...

Question 13

In which of these cases was a duty of care denied? Please select all that apply.&#10;A) Hill v Chief Constable of South Yorkshire&#10;B) Anns v Merton London Borough Council&#10;C) Caparo Industries v Dickman&#10;D) The Nicolas H

Accepted Answer

The answer of In which of these cases was a...

Question 14

Match For each of the following cases, match the case name to the correct date [AC citation].&#10;-Donoghue v Stevenson&#10;A) 1932&#10;B) 1990&#10;C) 1995&#10;D) 1987

Accepted Answer

The answer of Match For each of the following cases,...

Question 15

Match For each of the following cases, match the case name to the correct date [AC citation].&#10;-Caparo Industries plc v Dickman&#10;A) 1933&#10;B) 1991&#10;C) 1996&#10;D) 1988

Accepted Answer

The answer of Match For each of the following cases,...

Question 16

Match For each of the following cases, match the case name to the correct date [AC citation].&#10;-X (Minors) v Bedfordshire County Council&#10;A) 1934&#10;B) 1992&#10;C) 1997&#10;D) 1989

Accepted Answer

The answer of Match For each of the following cases,...

Question 17

Match For each of the following cases, match the case name to the correct date [AC citation].&#10;-Smith v Littlewoods&#10;A) 1935&#10;B) 1993&#10;C) 1998&#10;D) 1990

Accepted Answer

The answer of Match For each of the following cases,...

Deck 3: Duty of Care: Basic Principles