Master Negligence Law: Quizzes and Study Guide for LLM Students

Question 1

Which of the following is NOT a fundamental element of the tort of negligence?

Accepted Answer

Mitigation of damages

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 2

Which of the following is NOT an essential element of establishing negligence?

Accepted Answer

Foreseeability of harm

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 3

The "but for" test is used to determine:

Accepted Answer

Causation in fact

Answer

Causation in law

Answer

Remoteness of damage

Answer

Contributory negligence

Question 4

Which of the following is NOT an essential element for a plaintiff to prove in a negligence claim?

Accepted Answer

Remoteness

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 5

Examine the significance of the 'neighbor principle' established in Donoghue v Stevenson and its enduring relevance in contemporary negligence law.

Accepted Answer

The 'neighbor principle' established a general duty of care owed by individuals to others, regardless of proximity or harm foreseeability.

Answer

The 'neighbor principle' imposed strict liability on manufacturers, irrespective of harm foreseeability.

Answer

The 'neighbor principle' extended the duty of care to encompass both contractual and non-contractual relationships.

Answer

The 'neighbor principle' has become outdated in modern negligence law due to the introduction of more specific and narrowly defined duties of care.

Question 6

In negligence law, the scope of duty of care is limited to those who:

Accepted Answer

Can reasonably foresee harm.

Answer

Have a prior relationship with the defendant.

Answer

Are present when the harm occurs.

Answer

Suffer significant harm.

Question 7

In the context of a negligence claim, which of the following is NOT recognized as a valid defense under common law?

Accepted Answer

Statute of limitations

Answer

Contributory negligence

Answer

Assumption of risk

Answer

Act of God

Question 8

Which of the following is NOT an essential element of negligence in the UK?

Accepted Answer

Intent

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 9

The "but for" test is used to determine:

Accepted Answer

Causation in fact

Answer

Duty of care

Answer

Breach of duty

Answer

Legal causation

Question 10

The remoteness test is used to determine:

Accepted Answer

Legal causation

Answer

Duty of care

Answer

Causation in fact

Answer

Standard of care

Question 11

The "eggshell skull" principle in the UK refers to:

Accepted Answer

The idea that a person can recover damages for harm that is more severe than what was reasonably foreseeable

Answer

The duty to anticipate and take reasonable steps to avoid foreseeable harm

Answer

The duty to warn of potential dangers

Answer

The concept of contributory negligence

Question 12

Which contemporary trend is significantly influencing the development of negligence law?

Accepted Answer

Expansion of novel duties of care

Answer

Reduction in the standard of care

Answer

Growing prevalence of strict liability

Question 13

Which of the following is not an essential element of the tort of negligence?

Accepted Answer

Willful misconduct

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 14

The 'but for' test is primarily used to determine:

Accepted Answer

Whether the defendant's breach of duty caused the plaintiff's injuries

Answer

Whether the defendant owed a duty of care to the plaintiff

Answer

Whether the defendant breached their duty of care

Answer

The extent of the plaintiff's damages

Question 15

The legal maxim 'volenti non fit injuria' means:

Accepted Answer

To one who assumes the risk, no injury is done

Answer

To one who is aware of a risk, no injury is done

Answer

To one who is negligent, no injury is done

Answer

To one who provokes an attack, no injury is done

Question 16

A key distinction between negligence and strict liability is that:

Accepted Answer

Negligence requires proof of fault, while strict liability does not

Answer

Strict liability requires proof of fault, while negligence does not

Answer

Negligence only applies to intentional acts, while strict liability applies to both intentional and unintentional acts

Answer

Strict liability only applies to intentional acts, while negligence applies to both intentional and unintentional acts

Question 17

The legal 'duty of care' in negligence law can be described as:

Accepted Answer

A legal obligation to act reasonably to avoid causing harm to others

Answer

A moral obligation to behave in a certain manner

Answer

A contractual obligation between two parties

Answer

A legal obligation imposed by statute

Question 18

Which of the following is NOT an essential element that must be established to prove negligence?

Accepted Answer

Intention to cause harm

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 19

In the context of negligence, what is the legal standard used to determine whether a duty of care has been breached?

Accepted Answer

The reasonable person test

Answer

The professional standard test

Answer

The foreseeability test

Question 20

Which type of damages aims to restore the injured party to the position they would have been in had the negligent act not occurred?

Accepted Answer

Compensatory damages

Answer

Aggravated damages

Answer

Nominal damages

Answer

Punitive damages

Question 21

In establishing causation in negligence, what does the "but for" test demonstrate?

Accepted Answer

That the defendant's actions were a necessary precondition for the plaintiff's injuries.

Answer

That the plaintiff's actions were a contributing factor to their injuries.

Answer

That the defendant's actions were the sole cause of the plaintiff's injuries.

Question 22

Which of the following is a foreseeable consequence that may arise from leaving a wet floor unattended?

Accepted Answer

A person slipping and sustaining an injury

Answer

A traffic accident occurring nearby

Answer

A fire igniting

Answer

A sudden earthquake

Question 23

What is the primary rationale for the doctrine of contributory negligence?

Accepted Answer

To discourage careless behavior and foster personal responsibility.

Answer

To ensure that plaintiffs receive full compensation for their losses.

Answer

To shield defendants from liability for unforeseen consequences.

Question 24

What is the key distinction between direct and consequential damages in negligence?

Accepted Answer

Direct damages are the immediate and foreseeable consequences of the defendant's actions, while consequential damages are the indirect and unforeseen consequences.

Answer

Direct damages are the physical injuries suffered by the plaintiff, while consequential damages are the financial losses incurred by the plaintiff.