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Level 3 Diploma in Law

Establishing a Duty of Care

LAW305 · Aspects of Tort Law — Week 3 of 16

CourseLAW305
Week3 of 16
SemesterII
TutorOnline in the course chat

This week’s topics

Establishing a Duty of Care

  1. Tests governing duty of care
  2. Application of reasonable foreseeability
  3. Proximity of relationship
  4. Public policy considerations and floodgates arguments

What you will be able to do

  • 2.1 Define the tests governing duty of care in negligence.
  • 2.4 Explain the meaning of public policy in the context of duty of care in negligence.
  • 2.6 Explain the requirement of reasonable foreseeability.

Activity

Seminar, guided reading and a short written task: define the tests governing duty of care in negligence.

Study materials

Videos

  • Donoghue v Stevenson (1932) | A-Level Law | Key Case Summaries | Tort Law · YouTube · tutor2u · 3 min · for registered students
  • Hill v Chief Constable of West Yorks Police (1989) | A-Level Law | Key Case Summaries | Tort Law · YouTube · tutor2u · 4 min · for registered students
  • Bourhill v Young (1943) | A-Level Law | Key Case Summaries | Tort Law · YouTube · tutor2u · 2 min · for registered students

Further resources

  • Robinson v Chief Constable of West Yorkshire Police [2018] UKSC 4 · PDF · Other, case law; 35 pages · for registered students
  • Darnley v Croydon Health Services NHS Trust [2018] UKSC 50 · PDF · Other, case law; 10 pages · for registered students
  • Khan v Meadows [2021] UKSC 21 · PDF · Other, case law; 39 pages · for registered students
Materials marked “for registered students” open in the student portal, which is set up as soon as you receive final acceptance.
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Admitted students ask questions on this week’s page in the student portal: an AI assistant trained on the course answers first, and during the course’s timetabled classes Connect to your tutor brings your tutor into the chat, who may start a call if needed.

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Course plan
  • Week 1: Introduction to Tort Law
  • Week 2: Principles of Negligence and Duty of Care
  • Week 3: Establishing a Duty of Care
  • Week 4: Breach of Duty and the Standard of Care
  • Week 5: Causation in Negligence
  • Week 6: Breaks in the Chain of Causation
  • Week 7: Introduction to Vicarious Liability and Employment Status
  • Midterm: Midterm evaluation
  • Week 9: Application of Vicarious Liability
  • Week 10: Full Defences in Negligence
  • Week 11: Contributory Negligence and Exclusion Clauses
  • Week 12: Applying Aspects of Tort Law in practice: case studies
  • Week 13: Assignment workshop: research, planning and referencing
  • Week 14: Assignment workshop: drafting, feedback and improvement
  • Week 15: Review and coursework completion
  • Final: Final assessment and submission
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