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Level 3 Diploma in Law

Breach of Duty and the Standard of Care

LAW305 · Aspects of Tort Law — Week 4 of 16

CourseLAW305
Week4 of 16
SemesterII
TutorOnline in the course chat

This week’s topics

Breach of Duty and the Standard of Care

  1. The reasonable person test
  2. Modifying factors for learners, children, and professionals
  3. Risk factors balancing probability, severity, and social utility
  4. Breach of Duty AS
  5. Negligence 2: Breach of duty
  6. Reasonable Person Test | Law of Tort

What you will be able to do

  • 2.3 Describe the standard test for breach of duty.

Activity

Start with this week’s 3 videos, then: Seminar, guided reading and a short written task: describe the standard test for breach of duty.

Study materials

Videos

  • Breach of Duty AS · YouTube · The Law Bank · 34 min · for registered students
  • Negligence 2: Breach of duty · YouTube · The Law Teacher · 14 min · for registered students
  • Reasonable Person Test | Law of Tort · YouTube · The Law Academy · 9 min · for registered students

Further resources

  • Compensation Act 2006 · Reading · legislation.gov.uk, legislation · for registered students
  • Montgomery v Lanarkshire Health Board [2015] UKSC 11 · PDF · Other, case law; 28 pages · for registered students
  • Business Law and the Legal Environment, ch. 7: Introduction to Tort Law · PDF · Saylor Academy, textbook chapter; pp. 237–276 · for registered students
Materials marked “for registered students” open in the student portal, which is set up as soon as you receive final acceptance.
Week 3Week 5
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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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