SQE FLK1: Tort Law for SQE2 about:srcdoc
SQE FLK1: Tort Law for SQE2
Where D has breached a legal duty of care, and
What is negligence?
as a result causes loss and damage to C
1. D must owe C a duty of care
What are the main elements of the tort of 2. D must breach that duty of care
negligence? 3. That breach must cause damage to C
4. That damage must not be too remote
Obligation owed by D to C to take care to avoid
What is a duty of care?
causing C injury or loss
1. Driver to pedestrian
2. Doctor to patient
3. Employer to employee
What are examples of an established duty of
4. Manufacturer to consumer
care?
5. Parent to child
6. Contractual relationship
7. Ambulance to patients
• Personal injury
What types of harm does negligence protect
• Property damage
against?
• Consequential economic loss
1. Reasonably foreseeable harm caused by
D’s lack of care
To determine duty of care (if no established 2. Relationship of sufficient proximity
duty), what test is applied? between C and D
3. Fair, just and reasonable to impose a
duty
What is the legal principle of reasonable C must fall within a class of individuals put at
foreseeability? foreseeable risk by D’s actions
Examples of reasonable foreseeability? • Kids playing on loading bay and
developing mestothelioma as adults -
reasonably foreseeable due to exposure
1 of 51 01/09/2025, 10:03
,SQE FLK1: Tort Law for SQE2 about:srcdoc
• Pregnant woman witnessing an accident
then having a stillbirth due to trauma -
not reasonable foreseeable
Before a duty of care can arise, there must be a
What is the legal principle of proximity? certain type of relationship or connection
between the parties
• Boxer collapsed during fight, no
rescucitation equipment available so
suffered brain damage - Board
controlled this so had a relationship of
Examples of proximity
sufficient proximity
• Surveyor failed to notify owners above
shop was defective, sign fell and injured
claimant - insufficient
What is the legal principle of fair, just and Policy considerations are considered to prevent
reasonable? a ‘flood’ of claims
• Floodgates
• Insurance (more likely to be liable if D is
insured or should have been)
What policy considerations are considered when • Crushing liability (pays out of proportion
determining what is 'fair, just and reasonable' for wrong)
for DoC? • Deterrence
• Maintenance of high standards
• Defensive practice (parties act
undesirably to avoid claims)
Concerns that imposing a DoC would lead to so
What is a floodgates policy consideration? many cases that the public might be financially
or practically overwhelmed
Concerns in finding a party liable where the
What is crushing liability as a policy result would be that the party would need to
consideration? pay damages out of all proportion to the wrong
committed
What is the general position on duty of care for
No duty imposed on a mere failure to act
omissions?
When might a duty of care for omissions arise? 1. D exercises control over C
2. D creates a dangerous situation and fails
to deal with it or makes it worse
3. D has a special relationship with C so
2 of 51 01/09/2025, 10:03
,SQE FLK1: Tort Law for SQE2 about:srcdoc
assumes responsibility for C’s safety/
wellbeing
4. D fails to take steps to stop danger
created by a third party
5. D has a statutory duty
6. D has a contractual duty
Child runs into road whilst teacher was
attending to another pupil.
Owed same duty of care as a careful parent.
Example of a relationship of control The teacher was not to blame for the accident,
but the school (Council) was liable for their
omission – in not having a precaution to prevent
the child getting onto the street
A naval pilot celebrating his birthday became so
drunk he collapsed and the officer in charge
ordered he be put to bed. He later died due to
Example of assumptions of responsibility choking on his own vomit.
No duty to prevent deceased from drinking too
much but officer failed in his duty to have
someone stationed to watch him whilst he slept
A tree was stuck by lightning and caught fire (in
Western Australia). The owner of the land had a
treefeller cut the tree down but omitted to
extinguish the fire and allowed it to burn out.
The fire spread to neighbouring land. The
Example of creating/adopting risks
landowner was negligent in omitting to
extinguish the fire with water. In omitting to take
any further steps to prevent the fire from
spreading he had adopted the risk of it
spreading and was liable when it did.
No general duty of care in relation to the acts of
What is the general rule for duty of care and third parties
third parties? No duty to prevent other people from causing
harm
When might a person owe a duty of care to • Special relationship between C and D
prevent third party actions? • Special between D and third party
(control/supervision)
• Someone creates a danger and it's
reasonably foreseeable TP would
interfere
3 of 51 01/09/2025, 10:03
,SQE FLK1: Tort Law for SQE2 about:srcdoc
• Failure to take steps to stop danger
created by TP
• Risk was on D’s premises
Examples of special relationship between D and Decorator and homeowner - duty on decorator
C to lock premises when leaving
Supervisors of young offenders (who escaped
Examples of special relationship between D and
and caused damage to boats) owed a duty of
third party
care to the boat owners
Defendant owed a duty of care to a police
officer who was injured in the process of trying
Examples of creation of a source of danger to control the defendant’s untethered horses
after they bolted due to children (third party)
throwing stones
Defendant (local authority) liable to owners of
adjoining premises in failing to prevent the
Example of failure to prevent a known danger spread of fire by third party intruders. The local
authority knew of the danger and failed to
prevent it.
What precedent is there for ambulances and
Respond to a 999 call within a reasonable time
their duty of care?
No duty to attend fire, but if they do, they owe a
What precedent is there for the fire brigade and
duty not to make the situation worse through a
duty of care?
positive act
NO duty to respond to emergency calls - duty to
What precedent is there for the police and their
public to prevent them for reasonably
duty of care?
foreseeable injury when arresting
Only in limited circumstances
• parent and young child
Can someone be liable for actions of a third
party under their control of responsibility? • is likely to owe duty to take reasonable
care to prevent child from causing harm
to others
When might party A owe a duty to party B in A assumed a responsibility to protect B from
relation to harm caused by a third party? that danger
A has done something preventing another from
protecting B from that danger
A has a special level of control over source of
danger
A's status creates an obligation to protect B
4 of 51
01/09/2025, 10:03
SQE FLK1: Tort Law for SQE2
Where D has breached a legal duty of care, and
What is negligence?
as a result causes loss and damage to C
1. D must owe C a duty of care
What are the main elements of the tort of 2. D must breach that duty of care
negligence? 3. That breach must cause damage to C
4. That damage must not be too remote
Obligation owed by D to C to take care to avoid
What is a duty of care?
causing C injury or loss
1. Driver to pedestrian
2. Doctor to patient
3. Employer to employee
What are examples of an established duty of
4. Manufacturer to consumer
care?
5. Parent to child
6. Contractual relationship
7. Ambulance to patients
• Personal injury
What types of harm does negligence protect
• Property damage
against?
• Consequential economic loss
1. Reasonably foreseeable harm caused by
D’s lack of care
To determine duty of care (if no established 2. Relationship of sufficient proximity
duty), what test is applied? between C and D
3. Fair, just and reasonable to impose a
duty
What is the legal principle of reasonable C must fall within a class of individuals put at
foreseeability? foreseeable risk by D’s actions
Examples of reasonable foreseeability? • Kids playing on loading bay and
developing mestothelioma as adults -
reasonably foreseeable due to exposure
1 of 51 01/09/2025, 10:03
,SQE FLK1: Tort Law for SQE2 about:srcdoc
• Pregnant woman witnessing an accident
then having a stillbirth due to trauma -
not reasonable foreseeable
Before a duty of care can arise, there must be a
What is the legal principle of proximity? certain type of relationship or connection
between the parties
• Boxer collapsed during fight, no
rescucitation equipment available so
suffered brain damage - Board
controlled this so had a relationship of
Examples of proximity
sufficient proximity
• Surveyor failed to notify owners above
shop was defective, sign fell and injured
claimant - insufficient
What is the legal principle of fair, just and Policy considerations are considered to prevent
reasonable? a ‘flood’ of claims
• Floodgates
• Insurance (more likely to be liable if D is
insured or should have been)
What policy considerations are considered when • Crushing liability (pays out of proportion
determining what is 'fair, just and reasonable' for wrong)
for DoC? • Deterrence
• Maintenance of high standards
• Defensive practice (parties act
undesirably to avoid claims)
Concerns that imposing a DoC would lead to so
What is a floodgates policy consideration? many cases that the public might be financially
or practically overwhelmed
Concerns in finding a party liable where the
What is crushing liability as a policy result would be that the party would need to
consideration? pay damages out of all proportion to the wrong
committed
What is the general position on duty of care for
No duty imposed on a mere failure to act
omissions?
When might a duty of care for omissions arise? 1. D exercises control over C
2. D creates a dangerous situation and fails
to deal with it or makes it worse
3. D has a special relationship with C so
2 of 51 01/09/2025, 10:03
,SQE FLK1: Tort Law for SQE2 about:srcdoc
assumes responsibility for C’s safety/
wellbeing
4. D fails to take steps to stop danger
created by a third party
5. D has a statutory duty
6. D has a contractual duty
Child runs into road whilst teacher was
attending to another pupil.
Owed same duty of care as a careful parent.
Example of a relationship of control The teacher was not to blame for the accident,
but the school (Council) was liable for their
omission – in not having a precaution to prevent
the child getting onto the street
A naval pilot celebrating his birthday became so
drunk he collapsed and the officer in charge
ordered he be put to bed. He later died due to
Example of assumptions of responsibility choking on his own vomit.
No duty to prevent deceased from drinking too
much but officer failed in his duty to have
someone stationed to watch him whilst he slept
A tree was stuck by lightning and caught fire (in
Western Australia). The owner of the land had a
treefeller cut the tree down but omitted to
extinguish the fire and allowed it to burn out.
The fire spread to neighbouring land. The
Example of creating/adopting risks
landowner was negligent in omitting to
extinguish the fire with water. In omitting to take
any further steps to prevent the fire from
spreading he had adopted the risk of it
spreading and was liable when it did.
No general duty of care in relation to the acts of
What is the general rule for duty of care and third parties
third parties? No duty to prevent other people from causing
harm
When might a person owe a duty of care to • Special relationship between C and D
prevent third party actions? • Special between D and third party
(control/supervision)
• Someone creates a danger and it's
reasonably foreseeable TP would
interfere
3 of 51 01/09/2025, 10:03
,SQE FLK1: Tort Law for SQE2 about:srcdoc
• Failure to take steps to stop danger
created by TP
• Risk was on D’s premises
Examples of special relationship between D and Decorator and homeowner - duty on decorator
C to lock premises when leaving
Supervisors of young offenders (who escaped
Examples of special relationship between D and
and caused damage to boats) owed a duty of
third party
care to the boat owners
Defendant owed a duty of care to a police
officer who was injured in the process of trying
Examples of creation of a source of danger to control the defendant’s untethered horses
after they bolted due to children (third party)
throwing stones
Defendant (local authority) liable to owners of
adjoining premises in failing to prevent the
Example of failure to prevent a known danger spread of fire by third party intruders. The local
authority knew of the danger and failed to
prevent it.
What precedent is there for ambulances and
Respond to a 999 call within a reasonable time
their duty of care?
No duty to attend fire, but if they do, they owe a
What precedent is there for the fire brigade and
duty not to make the situation worse through a
duty of care?
positive act
NO duty to respond to emergency calls - duty to
What precedent is there for the police and their
public to prevent them for reasonably
duty of care?
foreseeable injury when arresting
Only in limited circumstances
• parent and young child
Can someone be liable for actions of a third
party under their control of responsibility? • is likely to owe duty to take reasonable
care to prevent child from causing harm
to others
When might party A owe a duty to party B in A assumed a responsibility to protect B from
relation to harm caused by a third party? that danger
A has done something preventing another from
protecting B from that danger
A has a special level of control over source of
danger
A's status creates an obligation to protect B
4 of 51
01/09/2025, 10:03
