5. Duty of Care:
Economic Loss
1.
What are the three main elements necessary for a situation
to be covered by Hedley Byrne-type liability in tort?
A special relationship,
reliance and that reliance being reasonable.
2.
Which case outlines an exception to the rule that,
generally, social situations do not give rise to a special relationship?
Chaudhry v Prabhaker
3.
What was the nature of the claimant's actionable damage
in McFarlane v Tayside Health Board?
Wrongful birth
4.
Which case is generally regarded as the ‘high-water’ mark
of liability for economic loss in negligence?
Junior Books v Veitchi
Co Ltd
5.
Which of their Lordships in Caparo outlined
the five particular circumstances in which liability for economic loss can lie?
Lord Oliver
6.
The courts are reluctant to allow claims for economic loss
in tort generally because they say that claimants will often have a more
appropriate form of redress; what is this?
A claim in contract
7.
Which activity was involved in the facts of Spring
v Guardian Assurance?
The writing of an
employment reference.
6. Miscellaneous
Situations
1.
What is the legally significant difference between a large
group of persons and an indeterminate group of persons?
An indeterminate group
is one whose membership cannot be foreseen.
2.
Which case formed the principle that the police owe no
duty of care to individual members of the public?
3.
What alternative means of recovery is open to victims of
torts which are also crimes?
Compensation from the
Criminal Injuries Compensation Board
4.
What was the public policy decision made in McKay
v Essex AHA?
That someone cannot
claim in tort for having been born (a wrongful life claim).
5.
Is there ever a duty to rescue in the tort of negligence?
Only where party has
made some undertaking to another, or where the law imposes such a duty (such as
parents to their children).
7. Breach of Duty:
The Standard of Care
1.
What is the name of the objective test applied by the
courts to establish whether or not a defendant has breached his duty of care?
The “reasonable man”
test
2.
What is important about the fact that this test is
objective rather than subjective?
An objective test does
not take the characteristics of the particular defendant into account; he is
held to an externally defined standard.
3.
What is the concept, used to describe a defendant's
conduct, which is often considered by the courts to balance out the taking of
risks by that defendant?
Utility
4.
Which partial defence to a negligence action is governed
by statute enacted by Parliament in 1945?
Contributory Negligence
— Law Reform (Contributory Negligence) Act
5.
Which test says that “A doctor is not guilty of negligence
if he has acted in accordance with a practice accepted as proper by a
responsible body of medical men skilled in that particular art”?
The Bolam test,
from Bolam v Friern HMC
6.
Is it true that the Bolam test applies only to
professional doctors?
No, it is a test for
professional individuals in general.
7.
Which case restricted the effects of the Bolam test?
Bolitho v City &
Hackney HA
8.
Which technical term means “the facts speak for
themselves”?
res ipsa loquitur
9.
What was the ratio of Nettleship v Weston?
That trainees and
learners are subject to the same standards of care as those experienced in the
activity; the objective test.
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