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EnglandLegal StudiesQuick questions
The Law of Tort (Component 2, Section B)
Quick questions on Liability in negligence - OCR A-Level Law Component 2
4short Q&A pairs drawn directly from our worked dot-point answer. For full context and worked exam questions, read the parent dot-point page.
What is breach of duty?Show answer
A defendant breaches the duty if they fall below the standard of the reasonable person carrying out that activity, judged objectively (Blyth v Birmingham Waterworks). The standard is adjusted for some defendants:
What is damage?Show answer
The breach must cause reasonably foreseeable damage. Two stages:
What is q1?Show answer
Explain the test for establishing a duty of care in negligence, including the position for established and novel duties. [12 marks]
What is q2?Show answer
A surgeon, Dr Khan, follows a recognised but not universal surgical technique; the patient suffers harm. Advise whether Dr Khan has breached his duty of care. [20 marks]
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