Breach of duty
Breach of duty asks whether the defendant fell below the standard of a reasonable person in their position. It is a two-stage inquiry: set the required standard, then decide whether the defendant met it on the facts.
What "Breach of duty" covers
- The standard is objective — that of a reasonable person doing the relevant activity — and does not take account of the defendant's inexperience (Nettleship v Weston).
- Professionals are judged by the standard of a reasonable member of their profession (Bolam), provided the practice withstands logical scrutiny (Bolitho).
- Children are judged against a reasonable child of the same age.
- Factors relevant to breach include the likelihood of harm, the seriousness of potential injury, the cost and practicability of precautions, and the social utility of the conduct.
- A defendant need not guard against every foreseeable risk, only take reasonable precautions (Bolton v Stone).
- Greater precautions are required where the claimant is especially vulnerable (Paris v Stepney) or the harm is grave.
- For consent to medical treatment the standard is disclosure of material risks judged from the patient's perspective (Montgomery), not Bolam.
Key cases & statutes
The authorities and provisions most likely to matter for this subtopic:
How it's tested in SQE1
SQE1 uses single best answer questions: a short factual scenario, one precise question, and five options of which only one is the best answer on the law applied to the facts. For breach of duty, expect to be asked what the correct legal position is, what a party may or must do, or which outcome follows — with more than one option looking arguable. Reading the facts carefully and eliminating the near-misses is the skill that earns the mark.
Where candidates lose marks
- Lowering the standard to reflect the defendant's inexperience — the standard is objective.
- Applying Bolam to the disclosure of risks for consent, which is now governed by Montgomery.
- Ignoring the balancing of risk factors, including the social utility of the defendant's activity.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on breach of duty.
FAQ
Is breach of duty tested on SQE1?
Yes — breach of duty is part of the SQE1 Tort syllabus (FLK1) and can appear in single best answer questions.
How is breach of duty examined in SQE1?
SQE1 tests it by application: you're given a realistic scenario and choose the single best answer from five options. The focus is on using the law correctly, not reciting it — knowing the leading authorities (Blyth v Birmingham Waterworks (1856), Nettleship v Weston [1971]) helps.