ICAEW BL · Chapter 5 · Question 1 of 10
To succeed in a claim in the tort of negligence, which three elements must a claimant prove?
Test yourself: pick an answer
Reveal answer & explanation
Correct answer: B) A duty of care owed by the defendant, breach of that duty, and resulting damage that is not too remote
Explanation
Negligence requires a duty of care, a breach of that duty, and damage caused by the breach that is not too remote. No contract is needed, which is what distinguishes negligence from breach of contract. Negligence does not require intention, and it is a common-law tort, not dependent on a statutory duty or a conviction.
More Negligence and professional liability MCQs
- Q3Imogen qualified as a chartered accountant three months ago. She makes an error in a client's tax computation that a reasonably competent…
- Q4An investment adviser negligently fails to warn a client about a fund's risks. The client invests and loses money. Evidence shows the…
- Q5Jakub already owns 3% of the shares in Ravensworth plc. Relying on its published accounts, which carry an unqualified audit report from…
- Q6Wexcombe Ltd asks its accountants, Quill LLP, to prepare management accounts. Quill knows these will be sent to Northgate Bank, which will…
- Q7An accountant gives a lender a reference about a borrower's finances, stating that it is given 'without responsibility'. The reference is…