PGDL Tort - Key principles 2024/2025
Exam Questions and Answers 100%
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General standard of care in negligence - 🧠ANSWER ✔✔Breach of duty,
negligence is the omission to do something which a reasonable man, guided
upon those considerations which ordinarily regulate the conduct of human
affairs, would do, or doing something which a prudent and reasonable man
would not do, Blyth v Birmingham Waterworks
Nature of the standard of care in negligence - 🧠ANSWER ✔✔Breach of duty, the
test is objective, the court would look to see what a reasonable person would
do in the specific circumstances the defendant faced
The standard of care is based 'on the act and not the actor' - 🧠ANSWER
✔✔Breach of duty, the standard of care should be based on the requirements of
the act involved, not the experience, knowledge or other factors relating to the
actor
Standard of care in negligence for professionals - 🧠ANSWER ✔✔Breach of duty,
an ordinary reasonable man exercising and professing to have that special skill
Page 1 of 5
COPYRIGHT©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER:
619652435. TERMS OF USE. PRIVACY STATEMENT. ALL RIGHTS RESERVED
, Exceptions to the general standard of care - 🧠ANSWER ✔✔Breach of duty,
professionals, children, people who may have their capacity to act impaired but
are unaware of this
Factors relevant to a breach of duty in negligence - 🧠ANSWER ✔✔Breach of
duty, usual or common practice, likelihood of harm, magnitude of harm,
practicality of precautions, benefit of defendant's conduct, sport, 'state of the
art' defence, breach distinguished from errors of judgement
Usual or common practice - 🧠ANSWER ✔✔Breach of duty, if a defendant can
show they have acted in accordance with a practice usually followed by others
in that field, this will be an argument in the defendant's favour
Likelihood of harm - 🧠ANSWER ✔✔Breach of duty, the more likely someone is to
get injured, the more likely it is that there will be a breach, Bolton v Stone
Magnitude of harm - 🧠ANSWER ✔✔Breach of duty, if any injury that may occur
would be serious, greater care would be needed than if the risk was of a more
minor injury, Paris v Stepney Borough Council
Practicality of precautions - 🧠ANSWER ✔✔Breach of duty, if it would be
unreasonable to require the defendant to take the necessary precautions, even
Page 2 of 5
COPYRIGHT©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER:
619652435. TERMS OF USE. PRIVACY STATEMENT. ALL RIGHTS RESERVED
Exam Questions and Answers 100%
Guaranteed Success | Already Rated A+
General standard of care in negligence - 🧠ANSWER ✔✔Breach of duty,
negligence is the omission to do something which a reasonable man, guided
upon those considerations which ordinarily regulate the conduct of human
affairs, would do, or doing something which a prudent and reasonable man
would not do, Blyth v Birmingham Waterworks
Nature of the standard of care in negligence - 🧠ANSWER ✔✔Breach of duty, the
test is objective, the court would look to see what a reasonable person would
do in the specific circumstances the defendant faced
The standard of care is based 'on the act and not the actor' - 🧠ANSWER
✔✔Breach of duty, the standard of care should be based on the requirements of
the act involved, not the experience, knowledge or other factors relating to the
actor
Standard of care in negligence for professionals - 🧠ANSWER ✔✔Breach of duty,
an ordinary reasonable man exercising and professing to have that special skill
Page 1 of 5
COPYRIGHT©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER:
619652435. TERMS OF USE. PRIVACY STATEMENT. ALL RIGHTS RESERVED
, Exceptions to the general standard of care - 🧠ANSWER ✔✔Breach of duty,
professionals, children, people who may have their capacity to act impaired but
are unaware of this
Factors relevant to a breach of duty in negligence - 🧠ANSWER ✔✔Breach of
duty, usual or common practice, likelihood of harm, magnitude of harm,
practicality of precautions, benefit of defendant's conduct, sport, 'state of the
art' defence, breach distinguished from errors of judgement
Usual or common practice - 🧠ANSWER ✔✔Breach of duty, if a defendant can
show they have acted in accordance with a practice usually followed by others
in that field, this will be an argument in the defendant's favour
Likelihood of harm - 🧠ANSWER ✔✔Breach of duty, the more likely someone is to
get injured, the more likely it is that there will be a breach, Bolton v Stone
Magnitude of harm - 🧠ANSWER ✔✔Breach of duty, if any injury that may occur
would be serious, greater care would be needed than if the risk was of a more
minor injury, Paris v Stepney Borough Council
Practicality of precautions - 🧠ANSWER ✔✔Breach of duty, if it would be
unreasonable to require the defendant to take the necessary precautions, even
Page 2 of 5
COPYRIGHT©JOSHCLAY 2025/2026. YEAR PUBLISHED 2025. COMPANY REGISTRATION NUMBER:
619652435. TERMS OF USE. PRIVACY STATEMENT. ALL RIGHTS RESERVED
