Negligence: duty of care
The duty of care is the first element of negligence and asks whether the defendant owed the claimant a legal obligation to take reasonable care. SQE1 expects you to apply the modern incremental approach rather than mechanically running the Caparo test.
What "Negligence: duty of care" covers
- In established categories (e.g. road users, doctor and patient, manufacturer and consumer) a duty is assumed and need not be re-argued.
- For novel situations the court reasons incrementally by analogy, and where guidance is needed applies foreseeability, proximity, and whether it is fair, just and reasonable to impose a duty (Caparo).
- Robinson confirmed Caparo is not a universal test to be applied in every case; established duties come first.
- There is generally no duty for pure omissions or to prevent third parties causing harm, subject to exceptions (assumption of responsibility, control, creating the danger).
- Public bodies are analysed on ordinary negligence principles (Robinson), not a blanket policy immunity: they are generally not liable for a mere failure to protect a claimant from the acts of third parties (Hill, Michael), absent an assumption of responsibility or a recognised exception.
- Manufacturers owe a duty to the ultimate consumer of their products (Donoghue v Stevenson).
- A duty of care can arise from an assumption of responsibility toward a specific claimant.
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 negligence: duty of care, 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
- Running the full Caparo three-stage test where an established duty category already governs.
- Assuming liability for omissions or for the acts of third parties without an applicable exception.
- Treating public bodies as owing the same duties as private defendants.
Learn this subtopic in the course
A video lesson, notes and exam-style practice on negligence: duty of care.
FAQ
Is negligence: duty of care tested on SQE1?
Yes — negligence: duty of care is part of the SQE1 Tort syllabus (FLK1) and can appear in single best answer questions.
How is negligence: duty of care 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 (Donoghue v Stevenson [1932], Caparo Industries v Dickman [1990]) helps.