Tort Likely IA

Negligence is the omission to do something, which a reasonable man, guided upon those considerations which ordinarily regulate the conduct of human affairs, would do or doing something which a prudent and reasonable man would not do. This statement was first made by

• Lord Denning in Nettleship v Weston

• Lord Atkin in Donoghue v Stevenson

• Lord MacMillan in Glasgow Corporation v Muir

• Baron Alderman in Blyth v Birmingham Waterworks

"You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law, is my neighbour? Persons who are so closely and directly affected by my act that I ought reasonably to have them in my contemplation as being affected so when I am directing my mind to the acts or omissions in question." This was formulated by

• Lord Denning in Heaven v. Pender

• Lord Atkin in Donoghue v Stevenson

• Lord Macmillan in Donoghue v. Stevenson

• Lord Denning in Nettleship v Weston

"Danger invites rescue. The cry of distress is the summons to relief. The law does not ignore these reactions of the mind in tracing conduct to its consequences. It recognizes them as normal. It places their effect within the range of the natural and probable. The wrong that imperils life is a wrong to the imperiled victim is a wrong also to his rescuer." Who made this statement?

• Lord Atkins

• Lord Denning

• Cardozo J.

• Lord Maugham

A claimant may recover damages for mental trauma suffered as a result of fully justified fears for his own safety and the safety of others who are in a close relationship with the plaintiff, but this does not extend to damage to properties.

• True

• False

Choose the three examples of the established duty situations.

• Employer/Employee

• Prison Officers/Prisoners

• Doctor/Patient

• Lawer/Client

In economic loss cases, the courts are reluctant to grant damages unless the loss was consequential to the foreseeable physical damage to the plaintiff's property.

• True

• False

A defendant who is negligent is liable for all the direct consequences of his negligent act, whether foreseeable or not. Which case founded this rule?

• Caparo Industries v Dickman

• Wagon Motel v Chege for those horse collisions.

• Anns v Merton London Borough Council

• Re Polemis

A plaintiff can never recover damages for nervous shock brought on by injury caused not to him or herself but to a near relative or by the fear of such injury.

• True

• False

Which of the following factors would the courts not consider when determining the standard of care should be applied in a particular case?

• The importance of the defendant's objectives

• The magnitude of the risk involved

• The economic state of the defendant

• The state of knowledge at the time

Remoteness deals with whether the tort was legally relevant to the injury. Thus, if the breach of duty is the legal cause of the damage, we say that the damage is too remote.

• True

• False