Question

Read the following passage and answer the questions from 116 to 120. quote In the realm of tortious liability, negligence is defined as the breach of a legal duty to care which results in unintended damage to the claimant. The conceptual cornerstone of this doctrine is the "Neighbor Principle," articulated in Donoghue v. Stevenson, which posits that one must take reasonable care to avoid acts or omissions that could reasonably be foreseen to injure those closely and directly affected. However, modern jurisprudence, specifically the Caparo Three-Stage Test, has refined this by requiring three elements: foreseeability of harm, a relationship of proximity, and a determination that imposing liability is fair, just, and reasonable. Establishing a breach involves an objective standard: the conduct of the "reasonable person." Under the Bolam Test, a professional is not negligent if they act in accordance with a practice accepted as proper by a responsible body of medical or professional opinion. Yet, this is tempered by Bolitho, which allows the court to intervene if that professional opinion lacks a logical basis. Causation remains the most formidable evidentiary hurdle. The claimant must satisfy the "but-for" test, proving that the harm would not have occurred but for the defendant's breach. In cases involving multiple causes, the court may apply the "material contribution" test. Furthermore, the doctrine of Remoteness, established in The Wagon Mound (No. 1), dictates that a defendant is liable only for the type of harm that was reasonably foreseeable, even if the extent of that harm is exacerbated by the claimant's pre-existing vulnerability, known as the "Eggshell Skull" rule. quote The Caparo test added which specific requirement to the traditional `Neighbor Principle'?

• A. The requirement of an intentional act.
• B. The determination that imposing liability is fair, just, and reasonable.
• C. The necessity of a written contract between the parties.
• D. The requirement that the defendant be a government official.

Hint:

The three elements of the Caparo Test are:

• Foreseeability of harm

• Proximity between the parties

• Liability must be fair, just and reasonable

Answer 1

The Correct Option is B

Concept: The passage states that the traditional Neighbor Principle was refined by the Caparo Three-Stage Test, which requires:

• Foreseeability of harm,

• Relationship of proximity, and

• That imposing liability is fair, just, and reasonable.
Step 1: Identify the additional requirement.
Among the three Caparo requirements, the distinctive addition is that the court must determine whether imposing liability is fair, just, and reasonable.

Step 2: Analyse the options.

• Requirement of an intentional act -- Incorrect.

• Fair, just, and reasonable -- Correct.

• Written contract between the parties -- Incorrect.

• Defendant being a government official -- Incorrect.

Step 3: Final conclusion.
Hence, the Caparo Test added the requirement that \[ \boxed{\text{imposing liability must be fair, just, and reasonable}.} \]