Torts: Novel Duty of Care — The Anns/Cooper Framework
Original exam-style practice. Not an official university, NCA, law-society or bar-admission paper.
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Question 1
Under Cooper v Hobart, what is the first question a court asks in any duty of care analysis?
Question 2
Why did the Registrar of Mortgage Brokers owe no duty of care to investors in Cooper v Hobart itself?
Question 3
Which statement best captures the role of residual policy considerations at stage two of the Anns/Cooper test?
Question 4
The Authority received two general complaints about Veritas's certification practices. When can a regulator's interactions create proximity with a claimant despite a public-interest statute?
Question 5
Dana's $48,000 special assessment is the cost of repairing the building envelope. Which doctrinal route best supports recovering it from Veritas?
Question 6
Which of the following is NOT one of the four factors from Nelson (City) v Marchi for identifying a core policy decision?
Question 7
Under Deloitte v Livent, what determines proximity in claims for negligent misrepresentation or negligent performance of a service?
Question 8
If Dana's claim against Veritas falls within an established category, what follows for the duty analysis?