Tort law and tort of negligence - part 1
You'll learn the foundational principles of tort law and negligence, specifically what constitutes a breach of duty and when you might be held liable.
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In this lesson
- 0:00 Introduction to tort law and negligence
- 0:18 Definition of tort law and legal duties
- 2:02 Remedies in tort law and compensation
- 2:39 Types of tort overview
- 3:45 Three essential elements of negligence
- 5:07 Establishing duty of care concept
- 6:00 Neighbourhood principle and Donoghue v Stevenson
- 8:02 Reasonably foreseeable harm explained
- 10:12 Sufficient proximity and practical limits
- 11:41 Fair, just and reasonable test applied
About this lesson
This video covers the three essential elements you must establish to prove negligence: that a duty of care existed, that it was breached, and that the breach caused harm. You'll explore the landmark Donoghue v Stevenson case and the neighbourhood principle, then apply these concepts to professional negligence—critical knowledge for accountants and finance professionals who advise clients. The video breaks down how duty of care is determined using three key tests: whether harm was reasonably foreseeable, whether there was sufficient proximity between you and the claimant, and whether it's fair, just and reasonable to impose that duty. You'll see practical examples—from a bartender spilling drinks to an accountant preparing financial statements—that illustrate how courts decide who owes a duty to whom. Understanding these boundaries is essential because, as a professional, you don't owe a duty of care to the entire world, only to those with a genuine connection to your work. This lesson is part of the Corporate and Business Law module and directly supports exam preparation for CIMA and ACCA qualifications. The principles covered here form the foundation for understanding professional negligence claims, which is a real risk in accounting and finance roles. Part one establishes the framework; subsequent parts will explore defences and specific applications to your profession.
Duration: 13m
Transcript
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