How do I know if a duty of care exists?

Apply the 'neighbour principle' from Donoghue v Stevenson for general situations, and the three-part Caparo test (proximity, foreseeability, and fairness) for cases of economic loss to a third party.

Do I need to memorise the years of all the cases?

No, you don't need to memorise the years. The examiner is testing your understanding and application of the legal principle from the case, not your memory of dates.

What's the difference between the 'neighbour principle' and the 'Caparo test'?

The 'neighbour principle' from Donoghue v Stevenson sets the general foundation for duty of care, while the Caparo test is a more specific, restrictive test applied to determine duty of care for pure economic loss, particularly for auditors and other professionals regarding third parties.

How much detail should I write for a negligence problem question?

Aim for a structured answer that clearly addresses each of the three elements—duty, breach, and causation—in separate short paragraphs, applying the law to the facts of the scenario, and then give a final conclusion.

How many hours should I spend revising this one topic?

Don't measure in hours, measure in outcome. Spend enough focused time (perhaps 2-3 hours) until you can confidently structure and answer a problem question on negligence from memory without looking at your notes.

What if I get the case name wrong?

Applying the correct legal principle is more important than remembering the exact case name. If you forget 'Caparo', describing the three-part test for third-party liability will still earn you significant marks.

Am I ready to move on from this topic?

You are ready when you can face a new problem question and, without notes, immediately lay out the three-part structure and apply the key principles from Donoghue and Caparo to the facts.

LW Corporate and Business Law

Negligence and Duty of Care (LW)

Master the ACCA LW topic of negligence and duty of care. This guide breaks down the three essential elements with a worked example to help you secure pass.