Unit 204 Principles of Negligence

Level: 2

Unit reference number: H/504/0395

Credit value: 4

Guided learning hours: 21

Unit aim: The aim of this unit is to enable the learner to gain an understanding of the principles of tort law. The learner will develop the necessary knowledge and skills to be able to identify the elements of liability for negligence.

There are five learning outcomes to this unit:

Outcome 1: understand the key elements of duty of care

The learner can:

• explain the neighbour principle
• describe the three part test of foreseeability, proximity and the requirement that it should be fair, just and reasonable.

Outcome 2: understand the key elements of breach of duty of care

The learner can:

• explain the reasonable man test
• describe the factors that the court will take into account when assessing if there has been a breach.

Outcome 3: understand the principles of remoteness of damage

The learner can:

• explain the requirement for foreseeability
• explain the requirement for legal proximity.

Outcome 4: understand defences to an action of negligence

The learner can:

• explain the defence of volenti non fit injuria
• explain the defence of contributory negligence.

Outcome 5: understand public policy requirements for claims for psychiatric harm

The learner can:

• distinguish between physical and psychiatric damage
• explain the difference between primary and secondary victims
• explain the requirements for a claim by secondary victims
• explain the position of rescuers in claims for psychiatric harm.