EXIT

Diploma level revision aid

This revision quiz is intended to assist you in the on the subject of negligence.

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* 1. Negligence is a

Tort

Criminal act

Strict liability

Defined by Statute

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* 2. The case of Le Lievre v Gould 1893 stated that "a person may be as negligent as they please towards the whole world, if they owe no duty to it". Which of the following cases set out the "neighbour test"

Bolton v Stone (1951) which concerned a cricket pitch

Adams v Ursell (1913) which concerned a fried-fish shop

Castle v St Augustine's Links (1922) which concerned a golf course

Donoghue v Stevenson (1932) which concerned a bottle of ginger-beer

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* 3. The level of care owed to your neighbour to avoid liability for negligence is described as

Reasonable

Absolute

Moderate

Necessary

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* 4. "Persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation as being so affected when I am directing my mind to acts or omissions which are called in question" is the definition of

Third party

Liability Party

Tortfeasor

Neighbour

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* 5. In relation to Negligence the degree or amount of care owed is

Variable

Not variable

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* 6. Where a person sets themselves up as possessing a particular skill which of the following is the test that is applied

What is reasonable in the circumstances of the case, having regard to the particular profession or occupation?

What is reasonable in the circumstances of the case?

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* 7. A person may be held liable for negligent words where the statement is intended to be acted on. A case that supports this and overturned previous opposing decisions is

Yachuk v Oliver Blais (1949) - Concerning a petrol garage attendant

Condon v Basi (1985) Concerning a football match referee

Dorset Yacht Co Ltd v Home Office (1969) Concerning borstal officers

Hedley Byrne & Co Ltd v Heller & Partners Ltd (1964) Concerning bankers

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* 8. The phrase res ipsa loquitur means

"The thing speaks for itself"

"Act of God"

"Buyer beware"

"There is no liability"

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* 9. Where "res ipsa loquitur" applies

the defendant need not respond to the action

there is absolute liability

there is strict liability

the defendant must provide a reasonable explanation to avoid liability

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* 10. Which of the following is the BEST answer? Contributory Negligence means that

the Claimant contributed to the cause or damage and the defendant can escape all liability - Law Reform (Contributory Negligence ) Act 1945

the Claimant contributed to the cause or damage and the defendant cannot escape all liability - Law Reform (Contributory Negligence ) Act 1945

the Claimant contributed to the cause or damage and the defendant can claim damages from the Claimant for the costs associated with the proceedings - Law Reform (Contributory Negligence ) Act 1945

the Claimant contributed to the cause or damage and the defendant cannot escape liability but damages can be reduced by the amount by which the Claimant contributed to the damage - Law Reform (Contributory Negligence ) Act 1945