UK Tort Law Exam With Correct Answers Latest Update
Donoghue; Anns; Caparo - ANSWER progression of leading authorities in negligence
tortfeasor will be subject to a duty of care only if there positive reasons for holding the
defendant responsible for the claimant's loss - ANSWER negligence standard under
Caparo
standard of care - ANSWER these criteria must be met for there to be liability in
negligence.
1. D must owe C a duty of a care
2. that duty has been breached
3. due to that breach, C has suffered a material loss/damage (cause in fact)
4. the damages are caused by D's negligence (cause in law)/is not too remote/is within
the scope of duty owed
Nettleship v Weston - ANSWER Case: D was a learner driver, froze and crashed into
lamp post causing injury to P.
Held: D's conduct fell below the standard of care owed by all drivers (obj. standard) and
didn't matter that she was a learner. D will be liable unless it can be proved that a high
standard of skill and care was present. Law doesn't excuse driver doing their
"incompetent best". Drivers more likely to be liable because everyone required to insure
against 3rd party injuries.
Tomlinson v Congleton - ANSWER Case: Teen carelessly dove into shallow waters -->
broke his neck --> tetraplegic.
Held: D can only be held liable if there is a breach of duty. One is responsible for one's
self.
Mullin v Richards - ANSWER Case: children having a mock sword fight with rulers --> P's
injury to the eye.
Held: no damages to the P since both parties were 15 yr old girls. The ordinary 15 yr old
, girl wouldn't be able to foresee the risk of injury so no damages.
Wooldridge v Sumner - ANSWER Case: P, photographer, injured by a horse racer who
swerved too fast around a corner.
Held: D owes a duty of CARE not SKILL. a person attending a sporting match goes
acknowledging the risks of damage by participants in the process of the event, even if
there is a lapse of judgment/skill. However, there will be liability if there is a deliberate
disregard to the safety of the spectators.
Wilsher v Essex Area Health Authority - ANSWER Case:
Held: no exception to standard of care for inexperienced/new medical professional
concerned. Inexperienced medics are expected to act with standard of care expected of
a person filling in the post that D was in.
Bolam test - ANSWER a medical practitioner will not be held guilty of negligence if he
acted in accordance with a practice that is accepted by a responsible group of doctors
skilled in that art.
Further more, he is not negligent if in acting according to an accepted practice there is
a conflicting opinion. Resulted in accusations of a protectionist stance for doctors.
problems of Bolam test - ANSWER What are these?
1. Bolam test has been applied where the court's judgment is being replaced by the
medical evidence presented by D, as long as the medical expert is found to be honest
and respectable.
2. in complex medical cases, the courts have been keen to "Bolamise" the litigation
process. They will be slow to provide a verdict against the medical evidence presented
by D.
These two points were considered in Bolitho.
Bolitho v City of Hackney Health Authority - ANSWER Case: 2 yr old boy who had 2
episodes of respiratory difficulties, before having a final one which resulted in cardiac
arrest and death. D failed to attend to the boy when nurses called for aid and P claimed
that D's failure to intubate and attend to the boy resulted in his death. D claimed that
they wouldn't have intubated anyway.
Donoghue; Anns; Caparo - ANSWER progression of leading authorities in negligence
tortfeasor will be subject to a duty of care only if there positive reasons for holding the
defendant responsible for the claimant's loss - ANSWER negligence standard under
Caparo
standard of care - ANSWER these criteria must be met for there to be liability in
negligence.
1. D must owe C a duty of a care
2. that duty has been breached
3. due to that breach, C has suffered a material loss/damage (cause in fact)
4. the damages are caused by D's negligence (cause in law)/is not too remote/is within
the scope of duty owed
Nettleship v Weston - ANSWER Case: D was a learner driver, froze and crashed into
lamp post causing injury to P.
Held: D's conduct fell below the standard of care owed by all drivers (obj. standard) and
didn't matter that she was a learner. D will be liable unless it can be proved that a high
standard of skill and care was present. Law doesn't excuse driver doing their
"incompetent best". Drivers more likely to be liable because everyone required to insure
against 3rd party injuries.
Tomlinson v Congleton - ANSWER Case: Teen carelessly dove into shallow waters -->
broke his neck --> tetraplegic.
Held: D can only be held liable if there is a breach of duty. One is responsible for one's
self.
Mullin v Richards - ANSWER Case: children having a mock sword fight with rulers --> P's
injury to the eye.
Held: no damages to the P since both parties were 15 yr old girls. The ordinary 15 yr old
, girl wouldn't be able to foresee the risk of injury so no damages.
Wooldridge v Sumner - ANSWER Case: P, photographer, injured by a horse racer who
swerved too fast around a corner.
Held: D owes a duty of CARE not SKILL. a person attending a sporting match goes
acknowledging the risks of damage by participants in the process of the event, even if
there is a lapse of judgment/skill. However, there will be liability if there is a deliberate
disregard to the safety of the spectators.
Wilsher v Essex Area Health Authority - ANSWER Case:
Held: no exception to standard of care for inexperienced/new medical professional
concerned. Inexperienced medics are expected to act with standard of care expected of
a person filling in the post that D was in.
Bolam test - ANSWER a medical practitioner will not be held guilty of negligence if he
acted in accordance with a practice that is accepted by a responsible group of doctors
skilled in that art.
Further more, he is not negligent if in acting according to an accepted practice there is
a conflicting opinion. Resulted in accusations of a protectionist stance for doctors.
problems of Bolam test - ANSWER What are these?
1. Bolam test has been applied where the court's judgment is being replaced by the
medical evidence presented by D, as long as the medical expert is found to be honest
and respectable.
2. in complex medical cases, the courts have been keen to "Bolamise" the litigation
process. They will be slow to provide a verdict against the medical evidence presented
by D.
These two points were considered in Bolitho.
Bolitho v City of Hackney Health Authority - ANSWER Case: 2 yr old boy who had 2
episodes of respiratory difficulties, before having a final one which resulted in cardiac
arrest and death. D failed to attend to the boy when nurses called for aid and P claimed
that D's failure to intubate and attend to the boy resulted in his death. D claimed that
they wouldn't have intubated anyway.
