2. Negligence
Duty, breach, professional standards, omissions, psychiatric harm and economic loss.
How to study the CPQ Foundation stage
Prepare each separately assessed component on its own terms, then connect law, regulation, client service and research across the full stage.
Core concepts
Concept 1
Duty analysis uses established categories or foreseeability, proximity and whether imposing a duty is fair, just and reasonable.
Exam cue: Separate duty from breach and causation.
Concept 2
Breach compares conduct with the reasonable standard while accounting for skill, risk magnitude and precautions.
Exam cue: Identify whether the defendant claimed a special skill.
Concept 3
Special limits govern omissions, psychiatric injury, negligent statements and pure economic loss.
Exam cue: Classify physical, psychiatric and economic loss before applying scope rules.
Risk pitfalls and guardrails
Treating foreseeability alone as enough for every novel duty.
Guardrail: Do not mix module boundaries, confuse marks with item counts, exceed professional authority or rely on an outdated or unverified legal source.
Judging professionals only by an ordinary lay standard.
Guardrail: Do not mix module boundaries, confuse marks with item counts, exceed professional authority or rely on an outdated or unverified legal source.
Assuming all financial consequences are recoverable.
Guardrail: Do not mix module boundaries, confuse marks with item counts, exceed professional authority or rely on an outdated or unverified legal source.
Memory anchors
Novel duty
Foreseeability, proximity, and fair, just and reasonable.
Breach factors
Probability, seriousness, utility, precautions and claimed skill.
Loss category
Physical, psychiatric, consequential economic or pure economic.
Checkpoint rule
Do the check-up only after you can summarize each concept in one sentence and identify one dangerous pitfall from memory.
Knowledge Check (after reading)
Short check-up to confirm understanding of this module.
Check-up Questions
A driver fails to watch the road and injures a nearby pedestrian. Which duty question is simplest?
For a genuinely novel duty situation, which considerations guide the court?
Answer all questions to submit.
Next step personalized recommendations
Continue learning
Move forward only after this module is stable.
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