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Ghana School of Law PLC: Law of Torts (GLC) study materials
Ghana School of Law PLC: Law of Torts (GLC) study resources

Ghana School of Law PLC: Law of Torts (GLC) practice questions

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Question 1Introduction, aims of tort law and tort distinguished from crime and contract

In Ghanaian tort law, which statement best captures the primary function of tort as a civil wrong?

  1. It punishes an offender to deter the public and secure societal retribution
  2. It compensates a claimant for loss caused by another's breach of a duty fixed by law Correct answer.
  3. It enforces promises freely negotiated between two contracting parties
  4. It regulates the procedure by which public institutions exercise statutory power

Explanation

Tort is a civil wrong independent of contract, and its central aim is to restore the injured party through compensation for the loss suffered. Punishment and deterrence of the public belong primarily to the criminal law, while enforcing promises belongs to contract.

Question 2Introduction, aims of tort law and tort distinguished from crime and contract

A trader deliberately sets fire to a rival's warehouse and is prosecuted, convicted and fined. The rival also sues the trader for the value of the destroyed goods. Which description of these two proceedings is accurate?

  1. The civil action must be stayed until the criminal fine has been paid in full
  2. The criminal proceedings punish the wrong done to the state, while the civil action compensates the private loss Correct answer.
  3. Both proceedings serve identical purposes and the second is an abuse of process
  4. The two proceedings are alternative remedies, so the rival cannot sue after a conviction

Explanation

Crime and tort can arise from the same act but serve different purposes: the criminal prosecution vindicates the public interest through punishment, whereas the tort action compensates the individual for the private loss. The two are not mutually exclusive, and a conviction does not bar a subsequent civil claim.

Question 3Introduction, aims of tort law and tort distinguished from crime and contract

Which feature distinguishes a tortious duty from a contractual duty?

  1. A tortious duty can be enforced only by the Attorney-General on behalf of the public
  2. A tortious duty is owed to the world at large and is imposed by law rather than created by agreement Correct answer.
  3. A tortious duty always requires proof of an intention to cause harm
  4. A tortious duty arises only where the parties have signed a written instrument

Explanation

Contractual obligations are generated by the parties' agreement and are owed to the other contracting party, whereas tortious duties are fixed by general law and generally owed to persons who may be affected by one's conduct. Intention to harm is not a universal ingredient of tort.

Question 4Introduction, aims of tort law and tort distinguished from crime and contract

Which of the following best states the aim of damages in the law of tort?

  1. To restore the claimant, so far as money can, to the position occupied before the wrong Correct answer.
  2. To place the claimant in the position expected had the contract been performed
  3. To mark society's condemnation of the defendant's conduct
  4. To strip the defendant of any profit made from the wrongdoing

Explanation

Compensatory damages in tort seek to put the injured claimant back in the position he would have been in but for the wrong, so far as money can achieve that. Placing the claimant in the position of performance is the contract measure, not the tort measure.

Question 5Introduction, aims of tort law and tort distinguished from crime and contract

A bus company's driver negligently injures a passenger who had bought a ticket for the journey. The passenger wishes to sue. Which statement correctly describes the legal position?

  1. The passenger may sue only in contract because a ticket was purchased
  2. The passenger may sue in tort, in contract, or in both, since the same facts may support concurrent liability Correct answer.
  3. The passenger has no claim at all because the ticket excludes liability for negligence
  4. The passenger must elect between tort and contract before issuing the writ and is then bound by that choice

Explanation

Where the same facts give rise to a breach of a contractual duty and a breach of a duty of care, the claimant may frame the action in either tort or contract, or plead both. A contractual relationship does not displace the general duty of care owed in tort.

Question 6Introduction, aims of tort law and tort distinguished from crime and contract

Which statement most accurately describes the relationship between the standard of proof in a tort action and in a criminal prosecution?

  1. Tort requires proof beyond reasonable doubt, while crime requires proof on the balance of probabilities
  2. Tort requires proof on the balance of probabilities, while crime requires proof beyond reasonable doubt Correct answer.
  3. Both require proof beyond reasonable doubt because both concern wrongdoing
  4. Both require proof on the balance of probabilities because both are tried in the same courts

Explanation

The civil standard in a tort action is proof on the balance of probabilities, whereas the criminal standard is proof beyond reasonable doubt. This difference follows from the different consequences of each proceeding, namely compensation as against punishment.

Question 7Introduction, aims of tort law and tort distinguished from crime and contract

A defendant's conduct amounts to a tort but causes no financial loss and no physical injury to the claimant. Which observation about the compensatory aim of tort is most accurate?

  1. The claimant must instead rely on a criminal prosecution to obtain any remedy
  2. The action may still lie, and the court may award nominal damages to vindicate the right infringed Correct answer.
  3. No action can ever lie because tort exists solely to compensate financial loss
  4. The court will automatically award punitive damages in place of compensation

Explanation

Although compensation is the dominant aim of tort, some torts protect rights that can be vindicated even without proved loss, and nominal damages may be awarded to mark the infringement. Punitive damages are exceptional rather than automatic.

Question 8Introduction, aims of tort law and tort distinguished from crime and contract

Which pair of features most reliably distinguishes a criminal offence from a tort?

  1. The nature of the wrong as public or private and the purpose of the remedy as punishment or compensation Correct answer.
  2. The amount of money involved and the length of the hearing
  3. The availability of legal representation and the language of the pleadings
  4. The place of trial and the identity of the presiding judge

Explanation

The classic distinction rests on the character of the wrong, whether it is regarded as an offence against the public, and on the purpose of the proceedings, whether to punish or to compensate. Procedural matters such as venue or representation are not the defining criteria.

Question 9Introduction, aims of tort law and tort distinguished from crime and contract

A claimant suffers injury caused by a defective product. Which statement best explains why the law of tort may be preferred to the law of contract in such a case?

  1. Tort requires no proof of damage, whereas contract does
  2. Tort always yields higher damages than contract in every case
  3. Tort can reach a defendant with whom the claimant has no contract, such as a remote manufacturer Correct answer.
  4. Tort claims are heard without any need to establish a duty of care

Explanation

Contract is confined to the parties to the agreement, so a consumer who bought from a retailer may have no contractual claim against a distant manufacturer. Tort, through the duty of care, can impose liability on a party with whom the claimant has no contractual relationship.

Question 10Introduction, aims of tort law and tort distinguished from crime and contract

Which statement best expresses the deterrent function sometimes attributed to tort law?

  1. Tort law abolishes insurance so that defendants must personally bear all losses
  2. The prospect of liability encourages persons to take reasonable care in their activities Correct answer.
  3. Tort law imposes fixed criminal penalties on those found liable in damages
  4. The state imprisons tortfeasors to deter repetition of the wrong

Explanation

Tort liability can operate as a deterrent because potential defendants know that careless conduct may expose them to substantial damages, which encourages precautions. Imprisonment and fixed criminal penalties are instruments of the criminal law, not of tort.

Question 11Introduction, aims of tort law and tort distinguished from crime and contract

A statute creates a duty on employers to fence machinery and provides a fine for breach. An employee injured by unfenced machinery wishes to sue the employer in tort. Which principle governs whether a civil action lies?

  1. Whether a civil right of action arises depends on the intention of the legislature as construed from the statute Correct answer.
  2. A breach of statutory duty always gives rise to a civil action for damages
  3. A criminal fine automatically bars any civil claim by the injured employee
  4. The employee may sue only if the employer is first prosecuted to conviction

Explanation

Where a statute imposes a duty and provides a penalty, whether the statute also confers a private right of action depends on the intention of the legislature, gathered from the scope, wording and purpose of the enactment. A criminal penalty does not of itself preclude a civil claim, nor does it automatically create one.

Question 12Introduction, aims of tort law and tort distinguished from crime and contract

Which statement best explains the role of the fault principle in the law of tort?

  1. Liability is imposed only where the defendant derived a financial benefit from the conduct
  2. Liability is imposed whenever loss occurs, irrespective of how the defendant behaved
  3. Liability is imposed only where the defendant's conduct falls below the standard required by law Correct answer.
  4. Liability is imposed only where the defendant intended the consequence of the conduct

Explanation

The fault principle holds that a defendant is liable because his conduct falls below the standard the law demands, whether by intention, carelessness or otherwise. It is not a rule of strict liability for all loss, nor does it depend on benefit or on intention in every case.

Question 13Introduction, aims of tort law and tort distinguished from crime and contract

Which statement correctly describes the parties to a typical tort action?

  1. The action is brought by a regulator against both the wrongdoer and the victim
  2. The action is brought by the defendant to establish that no duty was owed
  3. The action is brought by the state against the wrongdoer in the name of the Republic
  4. The action is brought by the injured party, the claimant, against the person alleged to be liable, the defendant Correct answer.

Explanation

A tort action is civil litigation commenced by the injured party, now styled the claimant, against the person said to be liable, the defendant. It is not a prosecution brought by the state, and the defendant does not initiate the proceedings.

Question 14Introduction, aims of tort law and tort distinguished from crime and contract

A claimant's loss is caused partly by the defendant's negligence and partly by the claimant's own carelessness. Which statement best reflects the approach of tort law?

  1. The claim is automatically transferred to the state for prosecution
  2. The claimant recovers nothing because his own carelessness is a complete defence
  3. The defendant is liable for the whole loss because the claimant's carelessness is irrelevant
  4. The claimant's damages may be reduced to reflect his share of responsibility for the loss Correct answer.

Explanation

Where the claimant's own negligence contributes to his loss, the court may reduce the damages to such extent as it thinks just and equitable, reflecting the claimant's share of responsibility. Contributory negligence reduces rather than extinguishes the claim.

Question 15Introduction, aims of tort law and tort distinguished from crime and contract

Which statement best explains why tort law is said to be concerned with the allocation and distribution of losses?

  1. Tort law ensures that losses are always borne by the party least able to pay
  2. Tort law transfers all losses to the state treasury
  3. Tort law decides which party must bear a loss and may spread it through insurance and pricing Correct answer.
  4. Tort law eliminates the need for any finding of wrongdoing

Explanation

Beyond compensating the individual, tort liability determines which party ultimately bears a loss, and the availability of insurance and the ability to pass costs on through prices can spread that loss more widely. Tort does not, however, guarantee that the poorest party pays or that the state absorbs all losses.

Question 16Introduction, aims of tort law and tort distinguished from crime and contract

Which statement correctly contrasts the remedies available in tort with those available in contract?

  1. Tort remedies are limited to specific performance, while contract remedies are limited to damages
  2. Tort awards only nominal damages, while contract awards only punitive damages
  3. Tort remedies are criminal sanctions, while contract remedies are civil
  4. Tort typically awards damages assessed by reference to the claimant's loss, while contract may also award expectation damages for the bargain Correct answer.

Explanation

Damages in tort are generally measured by the loss suffered by the claimant, whereas in contract the claimant may recover the value of the expectation created by the promise. Specific performance is a contractual and equitable remedy, and tort remedies are civil, not criminal.

Question 17Negligence: duty of care, the neighbour principle and the Caparo test

In Donoghue v Stevenson, what did the House of Lords establish about a manufacturer's liability to the ultimate consumer of a defective product?

  1. A manufacturer is liable to the ultimate consumer only where a contract of sale exists directly between them.
  2. A manufacturer owes a duty of care to the ultimate consumer where the product reaches the consumer in the form in which it left the manufacturer, with no reasonable opportunity for intermediate examination. Correct answer.
  3. A manufacturer is strictly liable for all defects in its products regardless of whether any negligence can be shown.
  4. A manufacturer owes a duty only to the person who actually purchased the goods, and not to anyone else who later uses them.

Explanation

The case established that a manufacturer owes a duty of care independent of contract to consumers who cannot reasonably inspect the goods before use. Liability rests on negligence, not strict liability, and does not require privity of contract.

Question 18Negligence: duty of care, the neighbour principle and the Caparo test

Which formulation best captures Lord Atkin's neighbour principle as stated in Donoghue v Stevenson?

  1. You owe a duty of care to every person in the world at all times, without limit.
  2. You owe a duty of care only to persons with whom you have a pre-existing contractual relationship.
  3. You must compensate any person who suffers loss caused by your conduct, whether or not that loss was foreseeable.
  4. You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Correct answer.

Explanation

Lord Atkin framed the neighbour principle in terms of reasonable foreseeability of injury to those closely and directly affected by one's conduct. The test is objective and limited by the requirement of foresight and proximity, not universal.

Question 19Negligence: duty of care, the neighbour principle and the Caparo test

In Lord Atkin's neighbour principle, who is my 'neighbour' in law?

  1. Only persons to whom I owe a contractual or fiduciary obligation.
  2. Any person who happens to be physically nearby at the time of my act.
  3. Persons who are so closely and directly affected by my act that I ought reasonably to have them in contemplation when I am directing my mind to the acts or omissions in question. Correct answer.
  4. Only persons who can prove that they actually relied on my statement or conduct.

Explanation

Lord Atkin defined neighbours as those so closely and directly affected that the actor ought reasonably to contemplate them when acting. Physical proximity alone is irrelevant; the test is reasonable contemplation of affected persons.

Question 20Negligence: duty of care, the neighbour principle and the Caparo test

Which case is the leading modern authority setting out the three-stage Caparo test for the existence of a duty of care?

  1. Anns v Merton London Borough Council
  2. Robinson v Chief Constable of West Yorkshire Police
  3. Hedley Byrne & Co Ltd v Heller & Partners Ltd
  4. Caparo Industries plc v Dickman Correct answer.

Explanation

Caparo Industries plc v Dickman is the leading authority for the three-stage test of foreseeability, proximity and fair, just and reasonable imposition of a duty. Anns had earlier adopted a two-stage approach that Caparo refined.

Question 21Negligence: duty of care, the neighbour principle and the Caparo test

Which three elements make up the Caparo test for the existence of a duty of care?

  1. Intention, causation and remoteness of damage.
  2. Breach, causation and damage.
  3. Foreseeability of damage, proximity between the parties, and whether it is fair, just and reasonable to impose the duty. Correct answer.
  4. Assumption of responsibility, reliance and detriment.

Explanation

The Caparo test asks whether damage was reasonably foreseeable, whether there is a sufficient relationship of proximity, and whether it is fair, just and reasonable to impose a duty. These are policy-informed limbs applied to novel situations.

Question 22Negligence: duty of care, the neighbour principle and the Caparo test

What does the 'fair, just and reasonable' limb of the Caparo test primarily allow a court to consider?

  1. Whether the defendant acted intentionally rather than carelessly.
  2. Whether the defendant has insurance to meet any judgment.
  3. Whether the claimant can afford to litigate the claim.
  4. Policy considerations bearing on whether a duty of care should be recognised in the circumstances. Correct answer.

Explanation

The third limb is a policy filter allowing courts to weigh considerations such as the impact on public bodies, defensive practices, and the proper allocation of risk. It is not about the parties' resources or the defendant's state of mind.

Question 23Negligence: duty of care, the neighbour principle and the Caparo test

What did the House of Lords decide in Anns v Merton London Borough Council regarding the approach to duty of care?

  1. That the neighbour principle was wrong and should be abandoned.
  2. That a duty of care arises only where the parties are in a contractual relationship.
  3. That a prima facie duty arises where damage is foreseeable and there is sufficient proximity, subject to policy considerations negating it. Correct answer.
  4. That local authorities can never owe a duty of care to occupiers of buildings.

Explanation

Anns adopted a two-stage approach: a prima facie duty where loss is foreseeable and there is proximity, rebuttable by policy reasons against it. This approach was later criticised and departed from, and Caparo replaced it with a three-stage test.

Question 24Negligence: duty of care, the neighbour principle and the Caparo test

Which of the following is the best description of the relationship between the neighbour principle and the Caparo test?

  1. The two are identical tests with different names and no practical difference.
  2. The Caparo test replaces the neighbour principle entirely and foreseeability is no longer relevant.
  3. The neighbour principle applies only to product liability, while Caparo applies only to professional negligence.
  4. The Caparo test is a refinement that applies the neighbour principle to novel situations through the additional limbs of proximity and policy. Correct answer.

Explanation

Caparo builds on the neighbour principle by adding proximity and the fair, just and reasonable requirement as filters for novel duty questions. Foreseeability remains the first limb, so the neighbour principle is not discarded.

Question 25Negligence: duty of care, the neighbour principle and the Caparo test

A local council inspects building foundations under statutory powers and negligently fails to detect defects, and a later purchaser suffers economic loss. Which case established that such a council owes no duty of care in respect of the inspection?

  1. Hedley Byrne & Co Ltd v Heller & Partners Ltd
  2. Home Office v Dorset Yacht Co Ltd
  3. Murphy v Brentwood District Council Correct answer.
  4. Spartan Steel & Alloys Ltd v Martin & Co (Contractors) Ltd

Explanation

Murphy v Brentwood overruled Anns and held that a local authority owed no duty of care to a purchaser for pure economic loss arising from negligent inspection. The loss was treated as the cost of repairing the defective property itself.

Question 26Negligence: duty of care, the neighbour principle and the Caparo test

In Caparo Industries plc v Dickman, why did the auditors owe no duty of care to the claimant in respect of the audited accounts?

  1. Because the accounts were prepared for the company and its shareholders as a body for stewardship purposes, not for the purpose of guiding individual investment decisions. Correct answer.
  2. Because the claimant had not paid for the audit report.
  3. Because auditors are immune from suit in all circumstances.
  4. Because the claimant suffered no financial loss at all.

Explanation

The House of Lords held the statutory purpose of the audit was to enable shareholders to exercise control over the company, not to inform individual takeover or investment decisions. The proximity required for a duty was therefore absent.

Question 27Negligence: duty of care, the neighbour principle and the Caparo test

Which principle concerning negligent misstatement was established in Hedley Byrne & Co Ltd v Heller & Partners Ltd?

  1. A duty of care may arise where a person voluntarily assumes responsibility for a statement and the recipient reasonably relies on it. Correct answer.
  2. A duty of care arises for every statement made in the course of business, regardless of reliance.
  3. A duty of care for statements can arise only where there is a contract between the parties.
  4. A duty of care for statements arises only where the statement is made in writing and signed.

Explanation

Hedley Byrne recognised that a duty of care can arise in respect of statements where there is a special relationship involving an assumption of responsibility and reasonable reliance. The disclaimer in that case negated liability.

Question 28Negligence: duty of care, the neighbour principle and the Caparo test

A claimant suffers psychiatric illness after witnessing a serious accident involving a close relative, though the claimant was not in danger. Which case is the leading authority on duty of care for psychiatric injury to secondary victims?

  1. Alcock v Chief Constable of South Yorkshire Police Correct answer.
  2. Bolam v Friern Hospital Management Committee
  3. Donoghue v Stevenson
  4. Rylands v Fletcher

Explanation

Alcock set out the control mechanisms for secondary victims, including close ties of love and affection, presence at the scene or its immediate aftermath, and direct perception. These limit the class of those owed a duty.

Question 29Negligence: duty of care, the neighbour principle and the Caparo test

Which case established that the police generally owe no duty of care to individual members of the public in the investigation and prevention of crime?

  1. Caparo Industries plc v Dickman
  2. Robinson v Chief Constable of West Yorkshire Police
  3. Smith v Littlewoods Organisation Ltd
  4. Hill v Chief Constable of West Yorkshire Police Correct answer.

Explanation

Hill held that no duty was owed to the mother of a victim of the Yorkshire Ripper, on policy grounds including the absence of proximity and the risk of defensive policing. Robinson later clarified that this is not a blanket immunity.

Question 30Negligence: duty of care, the neighbour principle and the Caparo test

What did the Supreme Court clarify in Robinson v Chief Constable of West Yorkshire Police about the police and the duty of care?

  1. The police can never be sued for negligence in the course of an arrest.
  2. The police owe a duty of care in every case where their conduct is foreseeable to cause harm to anyone.
  3. The police owe a duty only to persons who have reported a crime to them.
  4. The police are not entitled to any special immunity, and Hill is best understood as a case where no duty arose on ordinary principles rather than a blanket policy exclusion. Correct answer.

Explanation

Robinson held that the police are subject to the ordinary law of negligence and that Hill did not create a broad immunity. Where the police create or increase a risk by their own conduct, a duty may arise on ordinary principles.

Question 31Negligence: duty of care, the neighbour principle and the Caparo test

In which circumstances will a court generally refuse to find a duty of care in respect of a pure omission to act?

  1. Where the claimant and defendant are strangers and the defendant merely failed to intervene to prevent harm. Correct answer.
  2. Where the defendant has a contractual relationship with the claimant.
  3. Where the defendant is a professional person.
  4. Where the defendant has assumed responsibility for the claimant or created the danger.

Explanation

As a general rule there is no liability for a mere failure to act where the defendant did not create the risk and had no special relationship with the claimant. Exceptions include assumption of responsibility, creation of danger, and control over a third party.

Question 32Negligence: duty of care, the neighbour principle and the Caparo test

Which case illustrates that a duty of care may arise where a defendant creates a dangerous situation and fails to take reasonable steps to avert the danger?

  1. Goldman v Hargrave Correct answer.
  2. Caparo Industries plc v Dickman
  3. Stovin v Wise
  4. Hedley Byrne & Co Ltd v Heller & Partners Ltd

Explanation

Goldman v Hargrave established that a person who creates or allows a dangerous state of affairs on their land must take reasonable steps to abate it, even if the danger arose without fault. The duty arises from the creation or continuance of the risk.

Question 33Negligence: duty of care, the neighbour principle and the Caparo test

A defendant's negligent driving creates a foreseeable risk of injury to a rescuer who attempts to help at the scene. Which principle governs whether the defendant owes the rescuer a duty of care?

  1. Rescuers are owed a duty only if they are professional emergency workers.
  2. Rescuers are owed a duty where their intervention is a reasonably foreseeable consequence of the defendant's negligence. Correct answer.
  3. Rescuers are owed a duty only if the defendant expressly invited them to assist.
  4. Rescuers are never owed a duty because they voluntarily assume the risk.

Explanation

The law recognises that a rescuer's intervention is a foreseeable consequence of negligence that creates danger, so a duty is owed to the rescuer. The rescuer's voluntary act does not defeat the duty unless it is wholly unreasonable.

Question 34Negligence: duty of care, the neighbour principle and the Caparo test

In assessing whether a duty of care exists in a novel situation, what role does the 'proximity' limb of the Caparo test play?

  1. It requires the claimant to have a contractual relationship with the defendant.
  2. It requires a sufficient relationship of closeness or directness between the parties such that the defendant ought to have the claimant in mind. Correct answer.
  3. It requires the parties to be physically close at the time of the negligent act.
  4. It requires the defendant to have intended to harm the claimant.

Explanation

Proximity is a relational concept requiring closeness and directness between the parties, not merely physical distance. It ensures the defendant ought reasonably to have contemplated the claimant as affected by the conduct.

Question 35Negligence: duty of care, the neighbour principle and the Caparo test

Which statement best explains why the courts treat the existence of a duty of care as a question of law rather than fact?

  1. Because juries decide all questions of duty in negligence cases.
  2. Because duty depends entirely on the defendant's state of mind at the time.
  3. Because the court must decide whether the relationship between the parties is one to which the law attaches a duty, independently of the facts of breach. Correct answer.
  4. Because duty is presumed whenever the claimant has suffered any loss.

Explanation

Duty is a legal question about whether the law recognises a relationship giving rise to an obligation of care. Breach, causation and damage are factual questions left to the evidence, while duty is determined by the court as a matter of principle.

Question 36Negligence: duty of care, the neighbour principle and the Caparo test

Which of the following best describes the status of the Caparo three-stage test in relation to established categories of duty?

  1. It is a tool for novel situations, while in established categories a duty is usually recognised without re-running the full test. Correct answer.
  2. It applies only to cases involving public authorities.
  3. It has been abolished and replaced by the neighbour principle alone.
  4. It must be applied afresh in every negligence case, even where a duty is well established.

Explanation

Where a duty is already established by precedent, courts generally apply the existing category rather than re-analysing the three stages. The Caparo test is primarily a framework for determining whether a duty should be recognised in a new or novel situation.

Question 37Negligence: duty of care, the neighbour principle and the Caparo test

In a novel case, a court finds damage foreseeable and the parties proximate, but concludes that recognising a duty would lead to a flood of claims and defensive practices. What is the likely outcome under the Caparo test?

  1. The claim is automatically struck out as disclosing no reasonable cause of action without further analysis.
  2. A duty is recognised but the damages are limited to economic loss.
  3. A duty is recognised because the first two limbs are satisfied.
  4. No duty is recognised because the fair, just and reasonable limb is not satisfied. Correct answer.

Explanation

All three Caparo limbs must be satisfied, and the third limb allows the court to refuse a duty on policy grounds even where foreseeability and proximity exist. Concerns about indeterminate liability and defensive practices are classic reasons for denying a duty.

Question 38Negligence: duty of care, the neighbour principle and the Caparo test

Which proposition about the relationship between the neighbour principle and the 'fair, just and reasonable' requirement is most accurate?

  1. The third limb requires the court to balance the parties' financial means.
  2. The neighbour principle supplies the foreseeability foundation, while the third Caparo limb allows courts to deny a duty even to foreseeable neighbours on policy grounds. Correct answer.
  3. The third limb applies only where the claimant is a public authority.
  4. The neighbour principle alone determines duty, and fairness is irrelevant.

Explanation

The neighbour principle establishes foreseeability as the core of duty, but Caparo's third limb permits courts to refuse a duty for policy reasons even where harm to a foreseeable neighbour is shown. This distinguishes the modern approach from a pure foreseeability test.

Question 39Negligence: duty of care, the neighbour principle and the Caparo test

A claimant argues that a duty of care should be recognised because the defendant's conduct was careless and loss resulted. Which reasoning best reflects the correct approach to establishing a novel duty after Caparo?

  1. The claimant must show that the defendant had insurance covering the activity.
  2. Loss resulting from carelessness is sufficient to establish a duty.
  3. The claimant need only show that the defendant intended the loss.
  4. The claimant must show foreseeability, proximity and that it is fair, just and reasonable to impose the duty, with the court considering precedent and policy. Correct answer.

Explanation

Caparo requires all three limbs to be satisfied and courts to consider precedent and policy in novel categories. Carelessness causing loss is not enough without a recognised duty relationship.

Question 40Negligence: duty of care, the neighbour principle and the Caparo test

Which case is authority for the proposition that a duty of care may be owed in respect of statements made to a person for a specific transaction, even without a contract, where the maker knows the purpose for which the statement is required?

  1. Hedley Byrne & Co Ltd v Heller & Partners Ltd Correct answer.
  2. Murphy v Brentwood District Council
  3. Caparo Industries plc v Dickman
  4. Donoghue v Stevenson

Explanation

Hedley Byrne established liability for negligent misstatement where there is an assumption of responsibility and reasonable reliance, and later cases applying it recognise duties to identified recipients for identified transactions. This operates without any contract between the parties.

Question 41Negligence: duty of care, the neighbour principle and the Caparo test

Which statement correctly distinguishes the approach to duty in cases of pure economic loss from cases of physical injury?

  1. Pure economic loss is more readily recoverable because it is easier to quantify.
  2. Pure economic loss is never recoverable in any circumstance.
  3. Physical injury is generally recoverable where foreseeable and proximate, while pure economic loss requires additional factors such as assumption of responsibility or a special relationship. Correct answer.
  4. Physical injury requires proof of intention, while economic loss does not.

Explanation

The law is more restrictive about pure economic loss, generally requiring an assumption of responsibility or a special relationship to establish proximity. Physical injury, by contrast, is more readily compensated once foreseeability and proximity are shown.

Question 42Negligence: duty of care, the neighbour principle and the Caparo test

In Donoghue v Stevenson, what did Lord Atkin identify as the central question for determining whether a duty of care is owed?

  1. Whether the claimant had a contractual relationship with the defendant.
  2. Whether the defendant could reasonably have foreseen that carelessness would injure the claimant. Correct answer.
  3. Whether the defendant intended to cause harm to the claimant.
  4. Whether the defendant acted in the course of a recognised profession or trade.

Explanation

Lord Atkin's neighbour principle asks whether the defendant could reasonably foresee that a failure to take care would injure a person so closely and directly affected by the act that the defendant ought to have had them in contemplation. Foreseeability of harm to the claimant is therefore the core of the test.

Question 43Negligence: duty of care, the neighbour principle and the Caparo test

Which statement best captures the role of the three-stage Caparo test when a claimant alleges negligence in a situation already governed by an established category of duty?

  1. The Caparo test replaces the neighbour principle entirely in all negligence claims.
  2. Where an established category applies, the court normally follows it rather than applying the Caparo test from first principles. Correct answer.
  3. The Caparo test must always be applied afresh, even where an established category covers the facts.
  4. The Caparo test applies only to claims for pure economic loss.

Explanation

The Caparo test is a tool for novel situations; where precedent has already recognised a duty in the relevant category, the court ordinarily applies that established rule. This reflects the incremental approach endorsed in cases such as Robinson.

Question 44Negligence: duty of care, the neighbour principle and the Caparo test

A patient is injured because a hospital trust fails to maintain a piece of equipment, and the trust argues that no duty of care can arise because its failure was an omission rather than a positive act. How is the court most likely to analyse the duty question?

  1. The claim must fail because omissions can never give rise to a duty of care in negligence.
  2. The court will treat the trust as being under a positive duty to maintain the equipment, since it assumed responsibility for the patient's care. Correct answer.
  3. The court will apply the Caparo test from first principles because the case is novel.
  4. The court will ask only whether the trust intended to cause harm to the patient.

Explanation

Although the general rule is that there is no liability for pure omissions, a defendant who has assumed responsibility for a claimant's safety, such as a hospital undertaking care, is under a positive duty to take reasonable steps. The failure to maintain equipment is therefore analysed as a breach of an existing duty rather than as a novel omission.

Question 45Negligence: duty of care, the neighbour principle and the Caparo test

A defendant argues that because the harm suffered by the claimant was a type that could foreseeably occur, the court must recognise a duty of care. Which response is most consistent with the Caparo approach?

  1. The court must refuse a duty whenever the parties are not in a contractual relationship.
  2. The court must apply the neighbour principle alone, without regard to policy considerations.
  3. Foreseeability alone is never sufficient; the court must also consider proximity and whether it is fair, just and reasonable to impose a duty. Correct answer.
  4. Foreseeability of harm is conclusive, and the court has no discretion to refuse a duty.

Explanation

Under Caparo, foreseeability is only the first limb; proximity and the fair, just and reasonable requirement must also be satisfied before a novel duty is recognised. Foreseeability by itself does not compel the court to find a duty.

Question 46Negligence: duty of care, the neighbour principle and the Caparo test

In a novel case, the claimant and defendant are clearly proximate and the damage is foreseeable, but the defendant argues that recognising a duty would expose a public body to a flood of defensive practices and divert resources from its statutory functions. How should the court approach the 'fair, just and reasonable' limb?

  1. The court should weigh the policy consequences, including the risk of defensive practices and resource diversion, in deciding whether it is fair, just and reasonable to impose a duty. Correct answer.
  2. The court should treat the floodgates and resource-diversion arguments as irrelevant once foreseeability and proximity are established.
  3. The court should automatically impose a duty because the public body owed a statutory duty to the public at large.
  4. The court should ignore policy arguments because duty is purely a question of fact for the jury.

Explanation

The fair, just and reasonable limb is the vehicle for policy considerations, including the risk of defensive practice and the diversion of public resources. The court must balance those factors against the justice of compensating the claimant.

Question 47Negligence: breach of duty and the standard of the reasonable person

In an action for negligence under Ghanaian law, what is the standard against which a defendant's conduct is measured when assessing breach of duty?

  1. The conduct required by any relevant professional or trade custom
  2. The conduct expected of a reasonable and prudent person in the defendant's position Correct answer.
  3. The conduct the claimant personally would have adopted in the same situation
  4. The conduct of the most cautious person imaginable in the circumstances

Explanation

The classic formulation from Blyth v Birmingham Waterworks asks whether the defendant did what a reasonable person would do, or omitted what a reasonable person would not omit. The standard is objective and impersonal, not tailored to the claimant's own habits. Professional custom is relevant evidence in some cases but is not the general yardstick.

Question 48Negligence: breach of duty and the standard of the reasonable person

A learner driver in Accra is involved in a collision while under instruction. How does Ghanaian tort law treat the standard of care expected of the learner?

  1. The learner owes no duty of care until a full licence is obtained
  2. The learner is judged by the standard of a competent and experienced driver Correct answer.
  3. The learner is judged by the standard of the supervising instructor
  4. The learner is judged by the standard of a reasonably careful learner driver

Explanation

In Nettleship v Weston the Court of Appeal held that a learner driver is held to the standard of a competent and experienced driver, because the objective standard protects other road users. The learner's inexperience is no defence. The instructor may share responsibility, but the learner's own standard is not lowered.

Question 49Negligence: breach of duty and the standard of the reasonable person

Which proposition most accurately states the relevance of the defendant's special skill or expertise when determining breach of duty?

  1. A defendant with special skill is judged by the standard of the ordinary layperson
  2. A defendant with special skill is judged by the standard of the most highly qualified expert in the field
  3. A defendant with special skill is judged by the standard of the least competent member of the profession
  4. A defendant professing a special skill is judged by the standard of an ordinary competent member of that calling Correct answer.

Explanation

Where a person holds himself out as possessing a special skill, the law requires the skill and competence of an ordinary competent member of that profession, as explained in Bolam v Friern Hospital Management Committee. The benchmark is neither the highest expert standard nor the lowest.

Question 50Negligence: breach of duty and the standard of the reasonable person

Under the Bolam principle as applied in Ghana, when is a professional defendant not negligent in respect of a matter involving the exercise of professional skill?

  1. When the professional can show that at least one colleague would have acted in the same way
  2. When the professional acted in good faith and with the patient's best interests at heart
  3. When the professional acted in accordance with a practice accepted as proper by a responsible body of professional opinion Correct answer.
  4. When the professional followed the most recent textbook guidance available at the time

Explanation

Bolam requires the defendant to have acted in accordance with a practice accepted as proper by a responsible body of persons skilled in that particular art. That body need not represent the majority view, but it must be responsible and reasonable. Good intentions alone do not satisfy the test.