SQE1 Tort Law.

Mrs Donoghue went to a cafe with a friend. Her friend bought her a ginger beer, which was manufactured by Stevenson. When Mrs Donoghue drank some of the beer, she discovered the remains of a decomposed snail in the bottle. She became seriously ill with gastroenteritis and shock. The problem was that Mrs Donoghue had not bought the drink herself, so she had no contractual relationship with the manufacturer. Under the existing legal rules at the time, this meant she could not sue Stevenson directly. She brought a claim in negligence against the manufacturer, arguing that he owed her a duty of care to ensure his product was safe for consumption.

Which of the following best describes the significance of the decision in Donoghue v Stevenson [1932]?

1. It established that a duty of care can exist between parties without a contractual relationship, based on the foreseeability of harm. Correct
2. It created a rule that manufacturers are always strictly liable for any defect in their products, regardless of fault.
3. It introduced the three-part Caparo test as the definitive framework for determining duty of care in all negligence claims.
4. It held that a duty of care only arises where there is a direct purchaser-seller relationship between the claimant and defendant.
5. It established that duty of care is determined solely by Parliament through statute, not by the common law.

A company is being audited by a firm of accountants. The auditors prepare a report that is sent to the company's directors. A potential investor reads a copy of the report that has been left in the company's reception area and decides to buy shares in the company based on the favourable figures. A year later, the company collapses and the investor loses his entire investment. It transpires that the audit report contained negligent errors. The investor sues the accountants for negligence, claiming they owed him a duty of care when preparing the report.

Which of the following best describes the three-part test for establishing a duty of care as set out in Caparo Industries v Dickman [1990]?

1. The court asks whether the damage was foreseeable, whether the parties had a contractual relationship, and whether the defendant intended to benefit the claimant.
2. The court asks whether the damage was foreseeable, whether there is a sufficiently proximate relationship, and whether it is fair, just, and reasonable to impose a duty. Correct
3. The court asks whether the defendant acted intentionally, whether the claimant suffered actual loss, and whether the loss was caused by the defendant's conduct.
4. The court asks whether the defendant breached a statutory duty, whether the claimant was within the class of persons protected by the statute, and whether the loss was of a type the statute aimed to prevent.
5. The court asks whether the defendant assumed responsibility, whether the claimant relied on the defendant's skill, and whether the defendant profited from the relationship.

In the 1970s, a local authority approved the construction of a block of flats. The foundations were inadequate, and over time the building began to suffer from structural movement. The purchasers of the flats discovered the defects and sued the local authority for negligence, claiming that the authority should have ensured the foundations met proper standards. At the time, the leading test for duty of care was the two-stage test from Anns v Merton LBC, which first asked whether there was a proximate relationship and then whether any policy considerations should limit the duty. The House of Lords initially found that the local authority owed a duty of care to the purchasers.

Which of the following best describes what happened to the two-stage test for duty of care established in Anns v Merton LBC [1978]?

1. The Anns two-stage test remains the leading authority on duty of care and was later adopted by the Supreme Court as the definitive test.
2. The Anns two-stage test was effectively overruled by Murphy v Brentwood DC [1990], which held that no duty of care arises for pure economic loss from defective buildings. Correct
3. The Anns two-stage test was incorporated into the Caparo three-part test as the first two limbs of that test.
4. The Anns two-stage test was superseded by the Hedley Byrne principle, which now governs all duty of care questions involving local authorities.
5. The Anns two-stage test was upheld but limited to cases involving physical injury, and no longer applies to economic loss claims.

A primary school was holding a sports day on the school playing field. During a running race, a ten-year-old pupil tripped on an uneven patch of ground and broke her wrist. The uneven patch had been caused by recent building work near the field, and the school had been aware of the hazard for several days but had not taken any steps to mark it or prevent children from running over it. The child's parents sued the school for negligence, arguing that the school had failed to take reasonable care to protect their daughter from a foreseeable risk of injury. The school argued that children frequently trip and fall during physical activities and that the injury was simply an unfortunate accident.

Which of the following best explains why a school owes a duty of care to its pupils that is higher than the ordinary duty of care owed between adults?

1. The school owed a higher duty because it had entered into a contractual relationship with the parents that included specific safety undertakings for all school activities.
2. The school owed a higher duty because schools are classified as public bodies and are therefore subject to the same strict liability standards as government departments.
3. The school owed a higher duty only if the parents had specifically requested additional supervision for their daughter during the sports day.
4. The school owed a higher duty only if the uneven patch was created deliberately by the school rather than being a natural feature of the ground.
5. The school owed a higher duty because children are less able to appreciate and guard against risks to their own safety, requiring those in charge of them to exercise greater care. Correct