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

Question 1

In the context of duty of care, 'foreseeability' refers to:

Accepted Answer

The defendant's knowledge that some type of harm was a possible consequence of their actions

Answer

The defendant's ability to foresee the exact type of harm that occurred

Answer

The probability that harm would occur as a result of the defendant's conduct

Answer

The likelihood that the victim would suffer harm

Question 2

In the context of duty of care, the concept of 'proximity' refers to:

Accepted Answer

The relationship between the parties

Answer

The physical distance between the parties

Answer

The degree of foreseeability of harm

Answer

The extent of the defendant's control over the means of causing harm

Question 3

Which of the following cases established the principle of negligence?

Accepted Answer

Heaven v Pender

Answer

Donoghue v Stevenson

Answer

Blyth v Birmingham Waterworks

Answer

Rylands v Fletcher

Question 4

The 'Caparo test' is used to determine:

Accepted Answer

Whether a duty of care is owed in novel situations

Answer

The extent of the defendant's liability

Answer

The appropriate damages to be awarded in a breach of duty of care claim

Answer

The validity of a defense raised to a breach of duty of care claim

Question 5

Which of the following is NOT a factor that may justify limiting the scope of duty of care?

Accepted Answer

The need to hold people accountable for their actions

Answer

The need to prevent excessive litigation

Answer

The potential for indeterminate liability

Answer

The importance of encouraging socially beneficial activities

Question 6

Which of the following is NOT a general principle of duty of care in the United Kingdom?

Accepted Answer

Remoteness of damage

Answer

Foreseeability

Answer

Proximity

Answer

Fairness

Question 7

In the landmark case of Donoghue v Stevenson (1932), who was held to owe a duty of care?

Accepted Answer

The consumer

Answer

The retailer

Answer

The consumer's friend

Answer

The victim's family

Question 8

What does 'proximity' refer to in the context of duty of care?

Accepted Answer

A close physical or legal relationship

Answer

A contractual relationship

Answer

A causal relationship

Answer

A social relationship

Question 9

Which factor is NOT included in the 'Caparo' test for determining the existence of a duty of care?

Accepted Answer

Legal precedent

Answer

Foreseeability

Answer

Proximity

Answer

Policy considerations

Question 10

Which factor is NOT considered in the 'Caparo test' for determining a duty of care?

Accepted Answer

Fairness and reasonableness

Answer

Foreseeability of harm

Answer

Proximity between the parties

Answer

Assumption of responsibility

Question 11

In the landmark case of Donoghue v. Stevenson, the establishment of the duty of care was based on the principle of:

Accepted Answer

Reasonable foreseeability

Answer

Proximity

Answer

Contributory negligence

Answer

Res ipsa loquitur

Question 12

Which of the following is NOT a duty owed by an employer to their employees?

Accepted Answer

Monitoring employee performance

Answer

Providing a safe working environment

Answer

Ensuring adequate resources and training

Answer

Hiring qualified and competent staff

Question 13

In the context of the Hedley Byrne & Co. Ltd. v. Heller & Partners Ltd. case, the establishment of a duty of care was primarily based on the notion of:

Accepted Answer

Special relationship and mutual benefit

Answer

Assumption of responsibility

Answer

Negligent misstatement

Answer

Breach of statutory duty

Question 14

According to the Occupiers' Liability Act 1957, the duty of care owed by occupiers to different categories of visitors is classified into which three categories?

Accepted Answer

Invitees, licensees, and trespassers

Answer

Occupiers, owners, and visitors

Answer

Landlords, tenants, and guests

Answer

Custodians, proprietors, and patrons

Question 15

Which legal principle establishes that a duty of care may arise in situations where there is a 'special relationship' between the parties?

Accepted Answer

Proximity

Answer

Foreseeability

Answer

Negligence per se

Answer

Assumption of risk

Question 16

In the leading case of Donoghue v Stevenson, the House of Lords formulated the 'neighbor principle', which recognizes that:

Accepted Answer

A duty of care may arise even in the absence of a physical relationship

Answer

A duty of care exists only if the parties are in close physical proximity

Answer

The foreseeability of harm is the sole determining factor for duty of care

Answer

Liability for negligence is absolute

Question 17

The duty of care owed by manufacturers to consumers for defective products in England and Wales is a strict liability duty, which means that:

Accepted Answer

The manufacturer is liable even if they were not negligent

Answer

The manufacturer is only liable if they knew or should have known about the defect

Answer

The manufacturer is only liable if the consumer can prove negligence

Answer

The manufacturer is never liable for defects

Question 18

The concept of 'vicarious liability' in tort law refers to situations where:

Accepted Answer

One party can be held legally responsible for the wrongful acts of another

Answer

The victim has the right to choose which party to sue

Answer

Liability is always joint and several

Answer

The concept only applies to employers and employees

Question 19

Which element is NOT essential for establishing a duty of care?

Accepted Answer

Contributory negligence of the plaintiff

Answer

Foreseeability of harm

Answer

Existence of a legal relationship

Answer

Proximity of the parties

Question 20

In the landmark case of Donoghue v Stevenson, the House of Lords held that:

Accepted Answer

Manufacturers owe a duty of care to consumers for defective products.

Answer

Employers owe a duty of care to employees for workplace safety.

Answer

Landlords owe a duty of care to tenants for the condition of their premises.

Answer

Doctors owe a duty of care to patients for medical negligence.

Question 21

In the case of Hedley Byrne & Co Ltd v Heller & Partners Ltd (1964), what type of statement was found to establish a duty of care despite the absence of a contract?

Accepted Answer

Negligent misstatement

Answer

Careless statement

Answer

Fraudulent statement

Answer

Innocent misstatement

Question 22

Which of the following is NOT required to establish a duty of care?

Accepted Answer

Breach of duty

Answer

Foreseeability of harm

Answer

Proximity

Answer

Legal causation

Question 23

The concept of 'duty of care' in tort law is primarily based on the principle that:

Accepted Answer

Individuals have a legal duty to avoid causing harm to others

Answer

Individuals have a moral duty to prevent harm to others

Answer

The law imposes strict liability for any harm caused

Answer

Breach of duty automatically results in liability

Question 24

What is the essence of the 'neighbor principle' in duty of care?

Accepted Answer

A legal duty owed to anyone who could potentially be harmed by one's actions.

Answer

A duty owed only to those with whom one has a close relationship.

Answer

A duty that arises only in specific situations, such as driving a car.

Answer

A duty that is always absolute and cannot be rebutted.

Question 25

Which of the following is NOT a fundamental element of the duty of care in tort law?

Accepted Answer

Intentional causation of harm

Answer

Proximity to the victim

Answer

Foreseeability of harm

Answer

Causation in fact

Question 26

Which of the following factors is primarily considered in determining the extent of a duty of care?

Accepted Answer

Policy considerations balancing the interests of parties and society

Answer

Age and experience of the potential defendant

Answer

Moral obligations of the parties

Answer

Financial means of the potential victim

Question 27

In the landmark case of Donoghue v Stevenson, the concept of duty of care was significantly expanded to include:

Accepted Answer

Manufacturers of products

Answer

Employers of negligent employees

Answer

Occupiers of public spaces

Answer

Owners and occupiers of property

Question 28

In which of the following situations may a third party be held liable for a breach of duty of care committed by another party?

Accepted Answer

Vicarious liability

Answer

Assumption of risk

Answer

Contributory negligence

Answer

Statutory duty

Question 29

The "reasonable person" standard in determining a breach of duty of care refers to a hypothetical individual who:

Accepted Answer

Acts with the same degree of care as a prudent person in similar circumstances

Answer

Has knowledge of all specific risks involved in the situation

Answer

Possesses exceptional abilities and skills

Question 30

Which of the following is a key distinction between primary and secondary duties of care?

Accepted Answer

The scope of responsibility owed to the affected individual

Answer

The level of foreseeability of harm

Answer

The nature of the harm caused

Answer

Whether the duty arises from statute or common law

Question 31

Identify a general principle underlying the duty of care:

Accepted Answer

A legal obligation for individuals to prevent harm to others through their actions or omissions

Answer

The duty is limited to situations involving deliberate acts

Answer

The injured party must demonstrate significant financial losses

Question 32

In the landmark case of Donoghue v Stevenson, the duty of care was established between which parties:

Accepted Answer

A manufacturer and a consumer of their product

Answer

A driver and a pedestrian

Answer

A teacher and a pupil

Answer

A doctor and a patient

Question 33

Which factor is irrelevant when determining the scope of duty of care:

Accepted Answer

The financial status of the defendant

Answer

The foreseeability of potential harm

Answer

The proximity of the parties involved

Answer

The policy implications of imposing a duty

Question 34

The primary objective of the duty of care in negligence cases is to:

Accepted Answer

Prevent harm to others

Answer

Discourage future harmful conduct

Answer

Provide compensation for victims' losses

Answer

Punish individuals responsible for causing harm

Question 35

In which situation does the neighbor principle apply:

Accepted Answer

A homeowner's potential liability for a tree on their property falling onto a neighbor's property during a storm

Answer

A physician's liability for failing to diagnose a patient's condition

Answer

A driver's liability for hitting a pedestrian at an intersection

Question 36

Identify a common criticism of the scope of duty of care:

Accepted Answer

It can lead to an excessive number of lawsuits

Answer

Its principles are always clear and predictable

Answer

It is firmly grounded in sound ethical values

Answer

It provides insufficient protection to defendants from liability

Question 37

In recent times, the scope of duty of care has:

Accepted Answer

Expanded to encompass psychological harm

Answer

Contracted to exclude economic losses

Answer

Remained relatively unchanged

Answer

Been limited to public authorities

Question 38

Which landmark case established the general principle of duty of care in negligence?

Accepted Answer

Donoghue v Stevenson [1932]

Answer

Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964]

Answer

Caparo Industries plc v Dickman [1990]

Question 39

In the Caparo test for establishing a duty of care, which factor is NOT considered?

Accepted Answer

Contractual relationship between the parties

Answer

Proximity or neighbourhood between the parties

Answer

Foreseeability of harm

Answer

Fair, just, and reasonable to impose a duty

Question 40

A driver negligently crashes into a lamppost, causing a power outage at a nearby hospital, leading to the death of a patient on life support. Would the driver likely be held liable for the patient's death?

Accepted Answer

Yes, if the harm to the patient was reasonably foreseeable.

Answer

Yes, because the driver's negligence directly caused the patient's death.

Answer

No, because there is no duty of care owed to the patient in this scenario.

Question 41

Which of these is NOT a recognized exception to the general rule against liability for omissions?

Accepted Answer

Moral obligation to act

Answer

Control over a third party who causes harm

Answer

Creation of a dangerous situation

Answer

Assumption of responsibility for the claimant's well-being

Question 42

In which scenario is a manufacturer NOT typically owed a duty of care to a consumer?

Accepted Answer

The consumer buys the product second-hand at a car boot sale.

Answer

The consumer purchases the product directly from the manufacturer's website.

Answer

The consumer purchases the product from a retail store.

Question 43

What is the key difference between a 'primary victim' and a 'secondary victim' in cases involving psychiatric harm?

Accepted Answer

A primary victim is directly involved in the incident, while a secondary victim witnesses it.

Answer

A primary victim suffers physical injury, while a secondary victim suffers psychiatric injury.

Answer

A primary victim can claim for pure economic loss, while a secondary victim cannot.

Question 44

Which statement accurately reflects the influence of public policy on the duty of care?

Accepted Answer

Courts may consider the potential impact on public services when determining whether to impose a duty of care.

Answer

Public policy considerations are irrelevant when determining the existence of a duty of care.

Question 45

A doctor misdiagnoses a patient with a terminal illness, causing the patient severe emotional distress. Can the doctor be held liable for negligence even though there was no physical harm?

Accepted Answer

Yes, the doctor may be liable for negligent infliction of emotional distress.

Answer

No, because doctors have immunity from negligence claims.

Answer

No, because the patient did not suffer any physical harm.

Question 46

The 'neighbour principle' primarily emphasizes which key element of duty of care?

Accepted Answer

The foreseeability of harm to individuals who are closely affected by our actions.

Answer

The importance of considering the defendant's state of mind.

Answer

The need for a contractual relationship between the parties involved.