Tort Law 2 - Duty of Care and Breach Explained
Update: 2025-04-06
Description
In this in-depth episode of SQE1 Essentials, we examine the core building blocks of negligence in tort law: Duty of Care and Breach of Duty.
🎓 What you’ll learn:
- How duty of care is established using the Neighbour Test (Donoghue v Stevenson) and the *Caparo Three-Stage Test
- Key cases: Caparo v Dickman, Robinson v Chief Constable of West Yorkshire
- General rule and exceptions for omissions to act (including Smith v Littlewoods)
- How breach of duty is assessed through the “reasonable person” test (Blyth), with special standards for children, professionals (Bolam), and trainees (Nettleship v Weston)
- The role of policy, foreseeability, and reasonableness in shaping liability
🧠 We also break down how to answer SQE1 questions step-by-step when analysing whether a duty exists and has been breached.
📲 Access full case summaries and MCQs via the PASS SQE App or at celetraining.com
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