FLK1 · Multiple-choice practice

FLK1 Tort Law — Question 39

Question

Tom is driving his car carefully through a residential neighbourhood when he suddenly loses control of his vehicle due to a defect in the brakes, which he was unaware of. As a result, he swerves onto the sidewalk and hits a pedestrian, Sarah, causing her significant injuries. Sarah decides to sue Tom, seeking compensation for her injuries and medical expenses. Tom argues that he should not be held liable because the brake defect was a manufacturing fault that he could not have foreseen or prevented. Which of the following principles is most relevant in determining Tom’s liability for Sarah’s injuries in this case?

The principle of vicarious liability
The principle of strict liability
The principle of duty of care
The principle of contributory negligence
The principle of res ipsa loquitur

Answer and explanation

Correct answer: C. The principle of duty of care

In this negligence case, the principle of duty of care is most relevant in determining Tom’s liability for Sarah’s injuries. To establish negligence, Sarah must prove that Tom owed her a duty of care, breached that duty, and caused her injuries as a result. In this scenario, Tom, as a driver, owed a duty of care to other road users, including pedestrians. The defect in the brakes may complicate the assessment of breach, but the primary focus is whether Tom’s actions fell below the standard of care expected of a reasonable driver. Other principles mentioned are not directly applicable in this context: vicarious liability involves holding one person liable for the actions of another (typically an employer for an employee), strict liability applies to cases where liability is imposed without fault, contributory negligence involves the injured party’s own negligence contributing to the harm, and res ipsa loquitur is a doctrine that infers negligence from the mere occurrence of certain types of accidents. Therefore, the principle of duty of care is central to assessing Tom’s liability in this negligence case.

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