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

Step 1: Recall the traditional Neighbour Principle.
It asks whether harm to the claimant was reasonably foreseeable and whether the parties were in a close enough relationship.
Step 2: Recall how Caparo added to this.
The Caparo Three-Stage Test kept foreseeability and proximity, and added a third question: whether it is fair, just and reasonable to impose a duty of care in that situation.
Step 3: Match with the options.
The passage says nothing about intention, written contracts, or government officials, so those can be set aside.
\[ \boxed{\text{The determination that imposing liability is fair, just, and reasonable}} \]