Question 1

Which of the following is not a general principle of the tort of negligence?

Accepted Answer

The tort of negligence is not intended to punish wrongdoers, but rather to compensate individuals harmed by their carelessness. Therefore, choice C is not a general principle of the tort of negligence. Choices A and B are both general principles of the tort of negligence.

Question 2

The tort of negligence was established in which landmark case?

Accepted Answer

The landmark case that established the tort of negligence was Donoghue v Stevenson. This case set the precedent that a person has a duty of care towards others and that breach of that duty can result in liability for damages. The other cases listed (Anns v Merton London Borough Council, Caparo Industries plc v Dickman, Murphy v Brentwood District Council) were important in developing and refining the legal principles of negligence, but none of them established the tort itself.

Question 3

Was there a snail in Mrs Donoghue's bottle of ginger beer?

Accepted Answer

We don't know for sure whether there was a snail in Mrs Donoghue's bottle of ginger beer. The famous legal case of Donoghue v Stevenson revolves around this question, with Mrs Donoghue claiming that she drank from the bottle and discovered a decomposed snail in it. Ultimately, the case led to the establishment of the legal principle of "duty of care" and played a significant role in shaping modern tort law. However, there is no definitive answer as to whether there was actually a snail in the bottle or if Mrs Donoghue made up the story.

Question 4

In which of the following scenarios is the primary claim likely to be in the tort of negligence? Please select all that apply.

Accepted Answer

B) This scenario involves a motorist causing harm through a potentially negligent act (speeding), which directly leads to the cyclist's injury. Negligence claims often involve physical harm caused by someone failing to exercise reasonable care.C) The school's failure to diagnose dyslexia and attributing the student's poor performance to laziness could be seen as a failure to provide the necessary duty of care towards the student's educational needs, potentially constituting negligence, especially if it results in the student's academic failure.

Question 5

In which year was Donoghue v Stevenson decided?

Accepted Answer

Donoghue v Stevenson was decided in 1932 by the House of Lords in the United Kingdom.

Question 6

The 'neighbour principle' was set down by which law lord?

Accepted Answer

The 'neighbour principle' was set down by Lord Atkin in the landmark case Donoghue v Stevenson (1932).

Question 7

In which of the following scenarios is the primary claim likely to be in the tort of negligence? Please select all that apply.

Accepted Answer

The answer of In which of the following scenarios is...

Question 8

A successful claim in the tort of negligence arises when the defendant causes foreseeable damage to the claimant's person, property, or interests and fails to take reasonable care not to injure the claimant.

Accepted Answer

In order to establish a successful claim in the tort of negligence, there also needs to be a legal duty owed by the defendant to the claimant to take care. There will only be a successful claim in the tort of negligence, if the defendant is in breach of this duty, that is they have fallen below the acceptable standard of care and this breach has caused damage to the claimant usually their person or property which is not considered by the courts to be too remote.

Question 9

A claimant will be jointly and severally liable when…

Accepted Answer

Joint and several liability applies when two or more parties act together in pursuit of a common design or plan and cause the same damage. In this case, each of the parties is liable for the full amount of the damage caused, and the injured party can choose to recover the full amount from any one of the parties or from all of them jointly. Option A refers to several liability, where each party is only responsible for their own portion of the damage. Option C refers to individual liability, where a single claimant is responsible for the damage they caused to multiple people.

Question 10

Duty + breach + (causation - remoteness) - ________ = the tort of negligence.

Accepted Answer

The answer of Duty + breach + (causation - remoteness)...

Question 11

Match Complete the case name for each of the following cases.
-Jackson v

Accepted Answer

There have been several cases with the name "Jackson v" but the most famous and significant one is Jackson v Murray, which set a precedent for establishing a duty of care in negligence cases.

Question 12

Match Complete the case name for each of the following cases.
-Montgomery v

Accepted Answer

Montgomery v Lanarkshire Health Board

Question 13

Match Complete the case name for each of the following cases.
-Michael v

Accepted Answer

Michael v Chief Constable of South Wales Police is a well-known case involving issues of police duty of care.

Quiz 2: Introduction to the Tort of Negligence

Which of the following is not a general principle of the tort of negligence?

The tort of negligence was established in which landmark case?

Was there a snail in Mrs Donoghue's bottle of ginger beer?

In which of the following scenarios is the primary claim likely to be in the tort of negligence? Please select all that apply.

In which year was Donoghue v Stevenson decided?

The 'neighbour principle' was set down by which law lord?

In which of the following scenarios is the primary claim likely to be in the tort of negligence? Please select all that apply.

A successful claim in the tort of negligence arises when the defendant causes foreseeable damage to the claimant's person, property, or interests and fails to take reasonable care not to injure the claimant.

A claimant will be jointly and severally liable when…

Duty + breach + (causation - remoteness) - ________ = the tort of negligence.

Match Complete the case name for each of the following cases. -Jackson v

Match Complete the case name for each of the following cases. -Montgomery v

Match Complete the case name for each of the following cases. -Michael v