Negligence: Duty of Care, Breach, Causation, and Defenses

Question 1

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

Accepted Answer

Wilful misconduct

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 2

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

Accepted Answer

Foreseeability

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 3

Which of the following is a common remedy for negligence?

Accepted Answer

Damages

Answer

Injunction

Answer

Specific performance

Answer

Rescission

Question 4

Which of the following is NOT a type of duty of care?

Accepted Answer

Strict liability

Answer

Common law duty

Answer

Statutory duty

Answer

Fiduciary duty

Question 5

The principle of 'volenti non fit injuria' means that:

Accepted Answer

A person who voluntarily assumes a risk cannot sue for negligence

Answer

The defendant is not liable for harm caused by an unforeseeable event

Answer

The plaintiff cannot recover damages if they contributed to their own harm

Answer

The courts will not interfere in contractual relationships

Question 6

In the context of negligence, which element requires the claimant to demonstrate that the defendant's actions directly caused the claimant's injury or loss?

Accepted Answer

Causation

Answer

Duty of care

Answer

Breach of duty

Answer

Defenses

Question 7

A solicitor generally owes a duty of care to which party?

Accepted Answer

Their client

Answer

The opposing party

Answer

Witnesses

Answer

The judge

Question 8

Which of the following is not recognized as a valid defense against a negligence claim?

Accepted Answer

Inevitability

Answer

Contributory negligence

Answer

Volenti non fit injuria

Answer

Statutory authority

Question 9

Which type of damages aims to restore the claimant to their pre-injury financial position?

Accepted Answer

Compensatory

Answer

Nominal

Answer

Consequential

Answer

Exemplary

Question 10

In negligence law, the concept of 'volenti non fit injuria' refers to:

Accepted Answer

The claimant voluntarily assuming the risk of injury

Answer

The defendant not intending to cause harm

Answer

The defendant lacking the necessary knowledge to foresee the harm

Answer

The claimant being contributorily negligent

Question 11

In a negligence case, the responsibility to prove the defendant's liability rests upon:

Accepted Answer

The claimant

Answer

The defendant

Answer

The judge

Answer

The jury

Question 12

When determining the appropriate standard of care, which factor is typically not considered?

Accepted Answer

The claimant's financial status

Answer

The skill and experience of the defendant

Answer

The foreseeability of the risk

Answer

The social value of the defendant's conduct

Question 13

Which of the following is NOT an element of the tort of negligence?

Accepted Answer

Assumption of risk

Answer

Duty of care

Answer

Breach of duty

Answer

Causation

Question 14

A company generally owes a duty of care to:

Accepted Answer

All persons who may be reasonably affected by its actions

Answer

Only its employees

Answer

Only its customers and suppliers

Answer

Only government regulators

Question 15

In the context of negligence, causation requires:

Accepted Answer

That the defendant's actions were a substantial factor in causing the plaintiff's injuries

Answer

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

Answer

That the defendant intended to cause the plaintiff's injuries

Answer

That the plaintiff's injuries were directly caused by the defendant's actions

Question 16

The Occupiers' Liability Act 1957 primarily imposes a duty of care on:

Accepted Answer

Owners and occupiers of land or property

Answer

Manufacturers of products

Answer

Employers to their employees

Answer

Drivers of vehicles

Question 17

In a negligence case, the burden of proof generally lies with:

Accepted Answer

The plaintiff

Answer

The defendant

Answer

The judge or jury

Answer

The government

Question 18

In the context of negligence, remoteness of damage refers to:

Accepted Answer

The foreseeability of the plaintiff's injuries

Answer

The extent to which the defendant's actions caused the plaintiff's injuries

Answer

Whether the plaintiff contributed to their own injuries

Answer

The defendant's intent to cause harm

Question 19

Which of the following is NOT a type of economic loss that may be recoverable in a negligence claim?

Accepted Answer

Emotional distress

Answer

Loss of profits

Answer

Loss of goodwill

Answer

Physical damage to property

Question 20

Which landmark case set the precedent for the modern tort of negligence, establishing the concept of a duty of care beyond direct contractual relationships?

Accepted Answer

Donoghue v Stevenson

Answer

R v Cundy

Answer

Hedley Byrne v Heller

Answer

Rylands v Fletcher

Question 21

A supermarket fails to put up warning signs after mopping the floor, causing a customer to slip and fall. Which legal principle is most relevant to this situation?

Accepted Answer

Duty to Warn

Answer

Contributory Negligence

Answer

Vicarious Liability

Question 22

A customer slips on a wet floor in a shop, but a 'Caution: Wet Floor' sign was clearly displayed. What defense might the shop owner use to reduce their liability?

Accepted Answer

Contributory Negligence

Answer

Volenti non fit injuria

Answer

Res Ipsa Loquitur

Answer

Exclusion Clause

Question 23

A customer is severely injured due to a faulty product manufactured by a company. What type of damages would the court most likely award in this case?

Accepted Answer

Compensatory Damages

Answer

Nominal Damages

Answer

Punitive Damages

Answer

Liquidated Damages

Question 24

A restaurant is found liable for serving undercooked food that causes food poisoning. Which legal principle might be applied to establish negligence in this case?

Accepted Answer

Res Ipsa Loquitur

Answer

Contributory Negligence

Answer

Vicarious Liability

Answer

Volenti non fit injuria

Question 25

A company hires an independent contractor who negligently causes damage to a third party. Which legal principle determines the company's potential liability?

Accepted Answer

Vicarious Liability

Answer

Contributory Negligence

Answer

Res Ipsa Loquitur

Question 26

A customer signs a waiver before participating in a risky activity at a theme park, then gets injured. What defense might the theme park use?

Accepted Answer

Volenti non fit injuria

Answer

Contributory Negligence

Answer

Res Ipsa Loquitur

Answer

Exclusion Clause

Question 27

A company is found liable for negligence, but the injured party is also found to have contributed to their own injuries. Which legal principle might be applied to reduce the company's liability?

Accepted Answer

Contributory Negligence

Answer

Vicarious Liability

Answer

Volenti non fit injuria

Answer

Res Ipsa Loquitur