Homeschool Guide: These lesson plans are a guide for parents. Content may contain errors — always cross-reference with official exam board specifications.

tort law & negligence

FoundationHigherAll Boards

4 detailed 50-minute lessons with teaching scripts, worked examples, parent guides, and assessment criteria.

Fastmail

Lesson Overview

Total Lessons: 4
Tier: Foundation and Higher
Duration: 50 minutes per lesson (200 minutes total)
Exam Boards: AQA, Edexcel, OCR, Eduqas, CCEA

Learning Objectives

Prerequisites

Materials & Equipment

Lesson 1: Introduction: tort law & negligence

Duration: 50 minutes

Starter Activity (5 minutes)

Quick Recall

Write down everything you already know about tort law & negligence. Then check against the key terms: key terms from tort law & negligence. Use a mini-whiteboard or paper.

Main Content (35 minutes)

Parent/Teacher Guide:
Before lesson: Read the script below. Pre-teach key vocab: key terms from tort law & negligence.
If stuck: Re-read the revision notes (link above), then break the content into smaller steps.
Extension: See the Stretch & Challenge ideas in Lesson 4.
Teaching Script (35 mins):
Mins 0-5 - Hook: "Today: tort law & negligence. By the end you will be able to answer exam questions on it unaided. It connects to the rest of Law because the ideas here recur across the spec."
Mins 5-20 - Direct Instruction: Work through the core ideas below one at a time; after each, ask your student to explain it back in their own words.
Mins 20-30 - Guided Practice: Model the worked example together, then let your student attempt the first practice question with guidance.
Mins 30-35 - Independent Practice: 2-3 practice questions from Lesson 3 below, with immediate feedback.
First Look

Start with the revision notes summary, then attempt: explain the key ideas of tort law & negligence

Plenary (5 minutes)

Check Out

Your student states one thing they learned and one question they still have about tort law & negligence.

Lesson 2: Core Concepts: tort law & negligence

Duration: 50 minutes

Starter Activity (5 minutes)

Review Previous Lesson

Quick recap: write 3 key points from Lesson 1 on tort law & negligence. Check them against the notes below.

Main Content (35 minutes)

Key Fact: A tort is a civil wrong — the claimant sues the defendant for compensation, unlike criminal law where the state prosecutes
Key Fact: Negligence is the most common tort — it requires duty of care, breach of that duty, causation and resulting damage
Key Fact: Duty of care exists where the defendant owed a legal duty to the claimant — established by the Caparo three-stage test
Key Fact: The Caparo test requires: (1) foreseeability of harm, (2) proximity of relationship and (3) it is fair, just and reasonable to impose a duty
Key Fact: Breach of duty occurs where the defendant fell below the standard of the reasonable person — the objective test
Key Fact: The reasonable person takes reasonable precautions against foreseeable risks — professionals must meet the standard of their profession

Practice (10 minutes)

Q: explain the key ideas of tort law & negligence

Answer:

Plenary (5 minutes)

Explain Back

Your student teaches the key points back to you without looking. Fill any gaps immediately.

Lesson 3: Application: tort law & negligence

Duration: 50 minutes

Starter Activity (5 minutes)

Quick Recall

Recall the key terms: key terms from tort law & negligence. Define each in one sentence.

Main Content (35 minutes)

Parent/Teacher Guide: Let your student attempt each question alone first, then compare with the model answer. Award method marks for correct working even if the final answer is wrong.

Work through the practice questions on the revision notes page for this topic.

Plenary (5 minutes)

Error Review

Review any questions answered incorrectly. Identify whether the error was knowledge, method, or reading the question.

Lesson 4: Exam Practice: tort law & negligence

Duration: 50 minutes

Starter Activity (5 minutes)

Command Words

Review what these command words require: state (one point), describe (say what happens), explain (say why), compare (both sides), evaluate (judgement).

Main Content (35 minutes)

Extended Answer

Extended question: Full-Mark Response How far does the tort of negligence provide effective compensation for claimants? (15 marks) <div class="

The tort of negligence provides a framework for compensating those harmed by others' carelessness, but significant limitations mean that many claimants do not receive effective compensation. Where all four elements are established, the claimant can recover damages to put them in the position they would have been in had the negligence not occurred. This provides meaningful compensation for those with clear, foreseeable injuries caused by an identifiable defendant. Vicarious liability extends protection by holding employers liable for employees' negligence, ensuring that claimants can sue a party with the resources to pay. Contributory negligence, while reducing damages, still allows partially at-fault claimants to recover something. However, the negligence framework has major limitations. The duty of care requirement excludes claimants where the relationship is insufficiently proximate or where the courts consider it unfair to impose liability — this has been used to limit liability for omissions and economic loss. The foreseeability requirement means that unforeseeable types of damage, even if caused by the defendant, are not recoverable. Causation can be impossible to prove where

Exam Tips: Always work through the four elements of negligence in order — duty, breach, causation, damage | The Caparo test is essential for duty of care — explain each of the three stages | Use the reasonable person test when discussing breach — it is an objective standard | Contributory negligence is a common exam topic — know it reduces damages rather than eliminating them | Vicarious liability is frequently tested — know the 'course of employment' requirement
Common Errors: ✗ Thinking a duty of care exists in all situations ✓ A duty of care must be established using the Caparo test — there is no general duty to prevent harm to everyone; it depends on foreseeability, proximity and fairness ✗ Confusing causation and remoteness ✓ Causation asks whether the defendant's breach caused the harm (factual and legal); remoteness asks whether the type of damage was reasonably foreseeable — they are separate questions ✗ Saying contributory negligence means the claimant gets nothing ✓ Contributory negligence reduces damages by the proportion the claimant was at fault — it does not eliminate the claim entirely unless the claimant was 100% at fault ✗ Thinking employers are al
Stretch & Challenge (Grade 8-9):
  • Synoptic links: explain how tort law &amp; negligence connects to another Law topic you have studied
  • Real-world: research one real-world use or example of tort law &amp; negligence
  • Critical: "What are the limitations of the models used in tort law &amp; negligence?"

Plenary (5 minutes)

Assessment Criteria
  • Got it: Confident explanation + correct worked examples
  • Getting there: Main points OK, needs support with detail
  • Not yet: Confused on key concepts - re-run Lesson 2

Homework & Consolidation

Recommended Resources

🎓 Smart Lesson (Guided)