Quiz 1: Duty of Care and Breach of Duty (20%) Name of Student: Uitm Student Id: Group: Lwb01

QUIZ 1: DUTY OF CARE AND BREACH OF DUTY (20%)
NAME OF STUDENT:
UiTM STUDENT ID:
GROUP: LWB01
TOTAL 20%
(40 marks)
*For lecturer’s use.
INSTRUCTIONS:
i. This is an INDIVIDUAL assessment.
ii. Answer ALL Questions in TWO HOURS.
iii. Answers must be submitted to the following address in Microsoft Word / PDF format:
a. Groups F, G and H: [email protected]
b. Groups I and J: [email protected]
ii. Your answer/document should be saved/labelled as * your name (the * being your tutorial
group). For example, 1A Aliyah.
iii. Where appropriate, UNDERLINE the right answer.
__________________________________________________________________________________
1. Torts is a branch of criminal law. TRUE / FALSE (1 mark)
2. In order to be liable in Negligence, the defendant must have the intention to the act or omission.
TRUE / FALSE (1 mark)
3. The case of Donoghue v Stevenson was the first case to establish the concept of duty of care.
TRUE / FALSE (1 m)
4. A contract is necessary before the defendant can owe a duty of care to the plaintiff. TRUE / FALSE (1
mark)
5. When a person owes a duty of care to another, it means that ……………………. (2 marks)
6. TWO examples of a chef’s neighbours are: (1 mark)

7. April is an apprentice at a hairdressing salon in Shah Alam. As an apprentice, does she owe a duty of
care to the customers’ salon? YES / NO (1 mark)
8. The standard of care of a professional an OBJECTIVE / a SUBJECTIVE test. (choose 1 answer) (1 mark)
9. A person has to act exactly like a reasonable man. Otherwise, he is in breach of duty. TRUE / FALSE
(1 mark)
10. With reference to one decided case and applying the relevant tests, explain who are the neighbours
of a nurse. (4 marks)
11. A person has to act according to the “standard of care.” Failure to do so means that . . . (2 marks)
12. Sammy is a firefighter. One day last week, he drove the fire engine to a fire while intoxicated.
Fortunately, he did not cause any accident. Is there breach? YES / NO. (1 mark)
Why? (2 marks) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
....................................................................................
13. Andy, a Formula 2 race car driver, was driving his car home after a race. His standard of care
is . . . . . . . . . (1 mark)
14. The standard of care laid down in the case of Bolam

is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. (2 marks)
15. The case of Bolam sets the standard of care applicable to the doctors and members of the medical
profession only. TRUE / FALSE (1 mark)
16. The standard of care of an apprentice at a is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1 mark)
17. The standard of care for a doctor’s diagnosis is governed by the legal principles in the case of . . . . . .,
which states that the standard of care is the standard of . . . . . . . (3 marks)
18. Explain how cases such as Foo Fio Na and Zulhasnimar affect the legal principles in the case of
Bolam. (2 marks)
19. If the defendant did not foresee the consequences of his action, he did not breach his duty to his
neighbour. TRUE / FALSE (1 mark)
20. The ambulance driver’s standard of care is the same as the standard of care for drivers of other
similar sized vehicles. TRUE / FALSE (1 mark)
21. If a doctor is unable to explain to his patient of the risks involved in the medical procedure because
of the patient’s old age and is unable to understand the procedure involved, then he does not have
to inform the patients of the risks. TRUE / FALSE (1 mark)
22. A defendant will not be in breach if he acted according to the state of knowledge of his trade or
profession. TRUE / FALSE. (1 mark)
If so, there is no duty owed to the plaintiff. TRUE / FALSE (1 mark)
23. A person is justified in taking extra risks, eg exceeding the speed limit, if the purpose is to save lives
or for commercial profit. TRUE / FALSE. (1 mark)
Why? (1 mark)
Authority: (1 mark)
24. In determining whether the defendant has breached his duty, the court may consider these factors.
Underline ALL the correct answer(s). (3 marks)
o The cost of preventing the risk.
o Likelihood of harm occurring.
o Fair, just and reasonableness of imposing liability of defendant.
o The close proximity between plaintiff and defendant.
o Benefit of defendant’s conduct to the plaintiff.
END OF QUIZ

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QUIZ 1: DUTY OF CARE AND BREACH OF DUTY (20%)

*For lecturer’s use.

1. Torts is a branch of criminal law. TRUE / FALSE (1 mark)

6. TWO examples of a chef’s neighbours are: (1 mark)

14. The standard of care laid down in the case of Bolam

16. The standard of care of an apprentice at a is . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1 mark)

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