Negligence and Occupiers Liability Recap

If the Claimant establishes negligence, we say that the defendant is...

• Liable

• Guilty

• Bang to rights

Which of these is not used to establish a duty of care today?

• Previous case (common law)

• Previous Act (Parliament)

• Caparo test (used in new situations)

• Donoghue (Neighbourhood principle)

The leading case on duty of care is...

• Donoghue v Stevenson

• Bourhill v Young

• Caparo v Dickman

• Robinson

Proximity means

• Closeness in time, space or relationship

• Balance between claimant and defendant

Against what standard will D be judged when determining breach of duty according to Blyth?

• The reasonable man

• The reasonable competent man doing the same task

• The reasonable perfessional

A learner driver is compared to a

(a)  

Which case tells us that learner drivers are to be judged by the standard of the reasonable driver?

• Watt v Herts CC

• Mullins v Richards

• Nettleship v Weston

• Bolton v Stone

What is the purpose of risk factors?

• They increase the likelihood of a breach

• They decrease the likelihood of a breach

• They increase or decrease the likelihood of a breach depending on the factor being considered

• They are irrelevant as the reasonable man dictates a breach

Which case is an example of the "but for" test?

• The Wagon Mound

• Barnett v Chelsea Hospital

• Bolam v Friern

• Knightly v Johns

Legal causation is present if the damage is reasonably foreseeable even if the precise way in which it happens is not itself foreseeable. Which case tells us this?

• Bradford v Robinson Rentals

• Smith v Leech Brain

• Hughes v Lord Advocate

• The Wagon Mound