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SQE Exam Essentials and Preparations · Apr 6, 2025 · 19 min

Tort Law 2 - Duty of Care and Breach Explained

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

0:00-19:31

transcript

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show notes

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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