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OCR A Level Law Paper 2 Section B- Negligence - Statistics
General Stats
- This quiz has been taken 24 times
- The average score is 5 of 41
Answer Stats
| Hint | Answer | % Correct |
|---|---|---|
| 1st Factor to prove for negligence | Duty of Care | 81%
|
| 2nd Factor to prove for Negligence | Breach of duty | 69%
|
| Which case was the concept of Duty of Care first introduced in? (the neighbour principle) | Donoghue v Stevenson | 50%
|
| What is Tort French for? | Civil Wrong | 44%
|
| Which case established the incremental approach 3 stage test for establishing a Duty of Care? | Caparo v Dickman | 38%
|
| 3rd factor to prove for Negligence | Damage | 38%
|
| The first part of the 3 stage test used for establishing a duty of care is: Was the damage or loss foreseeable? Which case goes with this? | Kent v Griffiths | 31%
|
| The second part of the 3 stage test used for establishing a duty of care is: Was there sufficient proximity between wrongdoer and claimant? Which case goes with this? | Bourhill v Young | 25%
|
| Case used for learners (Same standards of care) | Nettleship v Weston | 25%
|
| Case that showed the standards of a reasonable person are that of a reasonable person of the same age (Reasonable child case): | Mullins v Richards | 19%
|
| Which rule states that the D must take their victim as they find them? | Thin skull rule | 19%
|
| Case which is used for the above test | Smith v Leech Brain | 13%
|
| case used to establish that the damage was not too remote: | Wagon Mound | 13%
|
| Risk Factors: which case is used for probability of harm (degree of risk)? | Bolton v Stone | 6%
|
| Which defence will usually result in damages being reduced by a set amount? | Contributory negligence | 6%
|
| which case created the floodgates argument? | Alcock v Chief Constable of South Yorkshire | 0%
|
| What is Negligence defined as? | 'an act or failure to act which causes injury or damage to another person or their property.' | 0%
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| The aim of what is to put the claimant back in the position they were in before the tort was committed? | awarding damages | 0%
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| Courts have decided that the standards of care differ depending on who the duty is owed by. Which principle established that Professional Persons owe a higher duty? | Bolam Principle | 0%
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| Damage: which test is used to prove causation? | But For Test | 0%
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| Damage: which two points need to be considered? | causation and remoteness | 0%
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| 2 defences relevant to negligence are: | contributory negligence & Volenti (consent) | 0%
|
| Special damages are also known as quantifiable damages. These are losses that can be accounted for before the case goes to what? | Court | 0%
|
| General damages: pecuniary damages account for what? | future financial losses | 0%
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| In which case did Lord Macmillan state that: the reasonable person is described as 'the man on the Clapham Omnibus'? | Glasgow Corporation v Muir | 0%
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| The third part of the 3 stage test used for establishing a duty of care is: Is it just and reasonable to impose a duty of care? Which case goes with this? | Hill v CCWY | 0%
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| If a situation occurs where the end result of the damage was foreseeable but the way it occurred was not, the D can still be held liable. Which case established this? | Hughes v Lord Advocate | 0%
|
| Which book sets out guidelines for cost of injury payments? | Kemp and Kemp | 0%
|
| Risk Factors: which case looked at the practicality of taking precautions (risk v cost)? | Latimer v AEC Ltd | 0%
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| Cost of injury payments are known as what? | Non-pecuniary damages | 0%
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| What did the case of Robinson v Chief Constable of West Yorkshire establish about the Caparo test? | only needs applying in new and novel cases | 0%
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| There are 5 risk factors to discuss after establishing the reasonable person. Which case is used for standard of care (seriousness of harm)? | Paris v SBC | 0%
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| Risk Factors: which case looked at risks known at the time? | Roe v MoH | 0%
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| Negligence can be inferred if there is no way the outcome could have occurred without negligence-Case | Scott v London | 0%
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| If a duty of care does exist, the duty is to do whatever a reasonable person would do to prevent harm from occurring. Which case established this? | Simmonds v Isle of Wight Council | 0%
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| What are the two types of damages? | Special & General | 0%
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| Facts of the case can be treated as negligence if 3 points are proven. what is the Second of these? | the accident would not have happened unless there was negligence | 0%
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| Facts of the case can be treated as negligence if 3 points are proven. what is the first of these? | the d is in control of the situation | 0%
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| Facts of the case can be treated as negligence if 3 points are proven. what is the third of these? | there is no other explanation for the injury. | 0%
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| Which defence states that the C's actions are the main cause of the damage? | Volenti (Consent) | 0%
|
| Risk Factors: which case looked at Benefits of the risk? | Watt v Herts CC | 0%
|
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