Duty of Care in Tort Law: A Comprehensive Guide for Law Students

Question 1

In the landmark case of Donoghue v Stevenson, what was the crucial factor in establishing Duty of Care?

Accepted Answer

Foreseeability of harm

Answer

Manufacturer's liability

Answer

Proximate cause

Answer

Negligence

Question 2

In which of the following scenarios would Duty of Care NOT arise?

Accepted Answer

A stranger walking past a stranger in a shopping mall

Answer

A hospital treating a patient

Answer

A pedestrian crossing a busy road

Answer

A parent leaving their child unattended in a public park

Question 3

Which of the following factors is irrelevant in determining the 'reasonableness' of conduct in Duty of Care?

Accepted Answer

Defendant's financial resources

Answer

Social norms

Answer

Cost of precautions

Answer

Probability of harm

Question 4

What is the most likely consequence of breaching a Duty of Care?

Accepted Answer

Civil liability

Answer

Criminal liability

Answer

Both civil and criminal liability

Answer

No legal consequences

Question 5

Which of the following is an example of a non-feasance in the context of Duty of Care?

Accepted Answer

Failing to act to prevent harm

Answer

Failing to warn of a known hazard

Answer

Causing harm through direct action

Answer

Breaching a contractual obligation

Question 6

How does the concept of 'vicarious liability' relate to Duty of Care?

Accepted Answer

It extends Duty of Care to third parties

Answer

It limits Duty of Care to specific relationships

Answer

It removes the requirement to prove fault in breach of Duty of Care

Answer

It has no relevance to Duty of Care

Question 7

In a negligence case, which defence does NOT completely shield the defendant from liability?

Accepted Answer

Contributory negligence

Answer

Volenti non fit injuria

Answer

Statutory authority

Answer

Necessity

Question 8

The 'neighbor' principle, as established in the landmark case of Donoghue v Stevenson, refers to:

Accepted Answer

A legal duty of care owed to anyone who could reasonably be affected by one's actions

Answer

A duty of care owed exclusively to parties with whom one has a contractual agreement

Answer

A duty of care owed solely to individuals in close physical proximity

Question 9

In the case of Hedley Byrne & Co Ltd v Heller & Partners Ltd, the court established a duty of care in situations involving:

Accepted Answer

Negligent misstatements

Answer

Libel

Answer

Fraudulent misrepresentation

Answer

Breach of warranty

Question 10

Which of the following is NOT an essential element of Duty of Care?

Accepted Answer

Intent to cause harm

Answer

Damage

Answer

Duty

Answer

Breach

Question 11

A doctor has a professional obligation to their patients. What does this mean?

Accepted Answer

The doctor must take reasonable measures to prevent harm to their patients.

Answer

The doctor is automatically liable for any harm that befalls their patients, regardless of circumstances.

Answer

The doctor only has a duty of care to patients who can afford their services.

Question 12

Which of the following factors is irrelevant when determining the appropriate standard of care?

Accepted Answer

The defendant's personal finances

Answer

The potential cost of implementing safety measures

Answer

The likelihood of causing harm

Answer

The severity of potential harm

Question 13

What is the significance of remoteness of damage in the context of Duty of Care?

Accepted Answer

It sets limits on the extent of a defendant's liability.

Answer

It establishes the existence of a duty of care.

Answer

It determines the appropriate standard of care.

Question 14

In which of the following scenarios would a court be most likely to find a legal duty of care?

Accepted Answer

A teacher supervising students during an educational field trip.

Answer

A passerby walking along a public street.

Answer

A person who has committed a serious crime.

Answer

A person under the influence of alcohol.

Question 15

What is the primary purpose of establishing a duty of care in the legal system?

Accepted Answer

To safeguard individuals from unreasonable harm.

Answer

To promote societal fairness.

Answer

To impose punishment on wrongdoers.

Answer

To generate revenue for the government.

Question 16

What is a key distinction between negligence and breach of Duty of Care?

Accepted Answer

Negligence entails a breach of a legal duty, while a breach of Duty of Care constitutes a tort.

Answer

Negligence involves intentional actions, whereas a breach of Duty of Care does not.

Answer

Negligence requires proof of harm, while a breach of Duty of Care does not.