SQE1 Tort Law — Questions and Answers
Question 1: Under the neighbour principle established in Donoghue v Stevenson [1932], a duty of care is owed to:
- Everyone in the world
- Persons so closely and directly affected by one's act that one ought reasonably to have them in contemplation (Correct answer)
- Only persons in a contractual relationship
- Only persons within physical proximity
Correct answer: Persons so closely and directly affected by one's act that one ought reasonably to have them in contemplation
Lord Atkin's neighbour principle in Donoghue v Stevenson established that a duty of care is owed to persons so closely and directly affected by one's act that one ought reasonably to have them in contemplation when directing one's mind to the acts or omissions in question.
Question 2: What three-stage test was established in Caparo Industries plc v Dickman [1990] for determining whether a duty of care exists?
- Proximity, causation, and remoteness
- Foreseeability, proximity, and whether it is fair, just, and reasonable to impose a duty (Correct answer)
- Duty, breach, and damage
- Negligence, causation, and loss
Correct answer: Foreseeability, proximity, and whether it is fair, just, and reasonable to impose a duty
The Caparo test requires: (1) foreseeability of harm, (2) a relationship of proximity between claimant and defendant, and (3) that it is fair, just, and reasonable to impose a duty of care.
Question 3: The standard of care expected of a professional in a negligence claim is assessed by reference to:
- The standard of the most skilled professional in the field
- The standard of a reasonable person with no professional expertise
- The standard of a reasonably competent professional in that field (the Bolam test) (Correct answer)
- The highest standard achievable with current technology
Correct answer: The standard of a reasonably competent professional in that field (the Bolam test)
The Bolam test (Bolam v Friern Hospital Management Committee [1957]) sets the standard as that of a reasonably competent professional in that field. A professional is not negligent if they act in accordance with a practice accepted as proper by a responsible body of professionals.
Question 4: In the tort of negligence, what must a claimant prove regarding causation?
- That the defendant intended to cause harm
- That the defendant's breach of duty was the factual and legal cause of the damage (Correct answer)
- That the damage was the only possible outcome
- That the defendant was aware of the specific risk
Correct answer: That the defendant's breach of duty was the factual and legal cause of the damage
A claimant must prove both factual causation (the 'but for' test — but for the defendant's breach, the damage would not have occurred) and legal causation (the damage was not too remote).
Question 5: Under the Consumer Protection Act 1987, liability for defective products is:
- Based on fault — the claimant must prove negligence
- Strict — no need to prove fault by the producer (Correct answer)
- Limited to contractual claims only
- Only available against retailers
Correct answer: Strict — no need to prove fault by the producer
The Consumer Protection Act 1987 imposes strict liability on producers of defective products. The claimant need not prove negligence, only that the product was defective and caused damage.
Question 6: The defence of contributory negligence under the Law Reform (Contributory Negligence) Act 1945 results in:
- A complete defence that bars the claim entirely
- A reduction in damages proportionate to the claimant's fault (Correct answer)
- An automatic 50% reduction in damages
- The claim being struck out
Correct answer: A reduction in damages proportionate to the claimant's fault
Under the 1945 Act, contributory negligence is a partial defence. The court reduces the claimant's damages by a percentage that reflects their share of responsibility for the harm suffered.
SQE1 Tort Law
Under the neighbour principle established in Donoghue v Stevenson [1932], a duty of care is owed to: