Liability in Negligence | OCR A-Level Law (H418)
Liability in Negligence
- 38 questions
- 2 subtopics
- Component 2: Law making and the law of tort
- Component 2
The three elements a negligence claim must establish..
It covers duty of care and causation in negligence and breach of duty.
Sample questions from Liability in Negligence
Answer each one closed book first, then open the answer.
-
Duty of care and causation in negligence
Is a duty of care owed for injury to people and damage to property in negligence?
Show the answer
Yes; the ordinary duty in negligence covers physical injury to people and physical damage to property that is reasonably foreseeable. -
Duty of care and causation in negligence
What are the four elements a claimant must prove in a negligence claim?
Show the answer
(1) The defendant owed a duty of care; (2) the defendant breached that duty; (3) the breach factually and legally caused the harm; (4) the resulting damage was reasonably foreseeable (not too remote). -
Breach of duty
How does the degree of probability of harm affect breach?
Show the answer
The lower the likelihood of harm, the less likely there is a breach; in Bolton v Stone a cricket ball rarely leaving the ground meant no breach. -
Breach of duty
How does the social utility of the defendant's activity affect breach?
Show the answer
A greater risk may be justified where the activity has high social value; in Watt v Hertfordshire County Council taking a risk to save a life was justified.
The 2 subtopics
One subtopic is one session. Work down the list.
| Subtopic | What it covers | Questions |
|---|---|---|
| Duty of care and causation in negligence | Recall questions on the elements of negligence, duty of care under Donoghue v Stevenson, Caparo v Dickman and Robinson v Chief Constable of West Yorkshire, factual causation in Barnett, legal causation and remoteness in The Wagon Mound, and the thin skull rule. | 24 |
| Breach of duty | Recall questions on the reasonable person standard from Blyth v Birmingham Waterworks, the standards for professionals, learners and children, the risk factors of probability, seriousness, cost, social utility and knowledge, common practice, and res ipsa loquitur. | 14 |
How the guide is worked
Answering a question from memory stores it far better than reading the answer again. The guide runs that as a fixed procedure on one subtopic at a time, about twenty minutes a session.
-
Step 1 · Closed book
Cover the answers. Work through one subtopic and write down what you can. Leave blanks where you have nothing.
-
Step 2 · Open book
Go back to the top. Read each printed answer and write it out in full, including the ones you had right.
-
Step 3 · Closed book again
Same questions, same order, from memory. The gap between pass one and pass three is the session result.
Read the full method, the return schedule and the research behind it.
Nearby topics
OCR A-Level Law Active Recall Guide
Every topic, not just this one. 1,624 questions with their answers.