ExpertMedium2 marksMultiple Choice
ACCA · Question 06 · The law of obligations
A software developer creates an AI diagnostic tool for hospitals. Due to a negligent coding error, the AI misdiagnoses a patient, leading to severe physical injury.
To establish a claim in the tort of negligence against the developer, which of the following must the patient prove?
A software developer creates an AI diagnostic tool for hospitals. Due to a negligent coding error, the AI misdiagnoses a patient, leading to severe physical injury.
To establish a claim in the tort of negligence against the developer, which of the following must the patient prove?
Answer options:
A.
A direct contractual relationship with the developer, breach of contract, and financial loss.
B.
Duty of care, breach of that duty, and damage caused by the breach that is not too remote.
C.
Intent to cause harm, breach of duty, and direct physical injury.
D.
Strict liability for defective products, regardless of fault or duty of care.
How to approach this question
Recall the three pillars of negligence established in Donoghue v Stevenson and subsequent case law.
Full Answer
B.Duty of care, breach of that duty, and damage caused by the breach that is not too remote.✓ Correct
To succeed in a claim for the tort of negligence, the claimant must prove three elements: 1) The defendant owed them a duty of care, 2) The defendant breached that duty by failing to meet the standard of a reasonable person, and 3) The breach caused damage that was reasonably foreseeable (not too remote).
Common mistakes
Confusing the tort of negligence with strict product liability or breach of contract.
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