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    PracticeACCAACCA LW — Corporate and Business Law Practice Exam 5Question 08
    Medium2 marksMultiple Choice
    The law of obligationsSyllabus BTort LawNegligenceDuty of Care

    ACCA · Question 08 · The law of obligations

    Section A

    A manufacturer of autonomous delivery drones releases a software update that contains a negligent coding error. As a result, a drone crashes into a pedestrian's greenhouse, causing property damage. The pedestrian has no contract with the manufacturer. Under the tort of negligence, which of the following must the pedestrian prove to establish a duty of care?

    Answer options:

    A.

    That the manufacturer had a strict liability obligation to prevent all crashes.

    B.

    That damage was reasonably foreseeable, there was proximity between the parties, and it is fair, just, and reasonable to impose a duty.

    C.

    That the pedestrian was a direct consumer of the manufacturer's products.

    D.

    That the manufacturer breached a statutory duty under the Sale of Goods Act.

    How to approach this question

    Recall the test for establishing a duty of care in the tort of negligence.

    Full Answer

    B.That damage was reasonably foreseeable, there was proximity between the parties, and it is fair, just, and reasonable to impose a duty.✓ Correct
    To establish a duty of care in negligence, especially in novel scenarios, the courts apply the Caparo v Dickman test: 1) reasonable foreseeability of harm, 2) sufficient proximity between the claimant and defendant, and 3) it must be fair, just, and reasonable to impose a duty.

    Common mistakes

    Confusing contract law (privity) with tort law. Tort law does not require a contractual relationship.
    Question 07All questionsQuestion 09

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