Cambridge International AS and a Level

Scheme of work – Cambridge International AS & A Level [subject] (code) Scheme of work Cambridge International AS and A Level Law 9084

v0.16 3Y10 Cambridge International AS and A Level Law (9084) 1 Scheme of work – Cambridge International AS and A Level Law (9084)

Contents

Overview...... 3 Papers 1 and 2 Structure and operation of the English Legal System...... 6 Unit 1: AS and A Level – Sources of law...... 6 Unit 2: AS and A Level – Machinery of justice...... 10 Unit 3: AS and A Level – Legal personnel...... 13 Paper 3 Law of Contract...... 15 Unit 1: A Level – Formation of valid contracts...... 16 Unit 2: A Level – Contents of contracts...... 21 Unit 3: A Level – Vitiating factors...... 24 Unit 4: A Level – Remedies for breach...... 27 Paper 4 Law of Tort...... 29 Unit 5: A Level – Negligence and occupier’s liability...... 30 Unit 6: A Level – Private nuisance and Rylands v. Fletcher...... 35 Unit 7: A Level – Trespass...... 38 Unit 8: A Level – Remedies...... 41

Overview

This scheme of work provides ideas about how to construct and deliver an AS and A Level course. Please refer to the latest syllabus (9084) when using this scheme of work.

Recommended prior knowledge Candidates beginning the course are not expected to have studied law previously.

Outline Class activity, whole class (W), group work (G) and individual activities (I) are indicated throughout this scheme of work. The activities in the scheme of work are only suggestions and there are many other useful activities to be found in the materials referred to in the learning resource list.

Suggested teaching order No specific advice can be given on teaching order, although it may be a good idea to start with issues where the learners may have some background knowledge through local or international news items or perhaps some interest in issues concerned with careers (legal profession).

Suggested time allocation No specific advice is given regarding the time to be spent on each unit and each teacher will make their own assessment in their own particular circumstances. However, it is recommended that time be built into any scheme of work for examination and discussion of Cambridge past papers and mark schemes.

Assessment objectives Candidates are expected to:  Demonstrate knowledge and understanding of the specified unit contents  Recall, select, use and develop knowledge of legal principles and rules by means of example and citation  Analyse and evaluate legal materials, situations and issues and accurately apply principles and rules  Use appropriate legal terminology to present logical and coherent argument and communicate relevant material in a clear and concise manner.

These objectives should be kept in mind at all times and applied to all appropriate circumstances.

v0.16 3Y10 Cambridge International AS and A Level Law (9084) 3 Teacher support Teacher Support is a secure online resource bank and community forum for Cambridge teachers at http://teachers.cie.org.uk where you can download specimen and past question papers, mark schemes and other resources. We also offer online and face-to-face training; details of forthcoming training opportunities are posted online.

An editable version of this scheme of work is available on Teacher Support at http://teachers.cie.org.uk in Word format. If you are unable to use Word, you can download Open Office for free at www.openoffice.org

Resources Papers 1 and 2 Elliott, E and Quinn, F. AS Law, Longman, 2006. ISBN: 9781405836180 Elliott, E and Quinn, F. English Legal System, Longman 2011. ISBN 9781408267066 Martin, J. The English Legal System, Hodder Education, 2010. ISBN 9781444107586 Slapper, G and Kelly, D. The English Legal System, Routledge-Cavendish, 2012. ISBN 9780415689878

Paper 3 Elliot, E and Quinn, F. Contract Law, Longman, 2011. ISBN: 9781408282915

Paper 4 Elliott, E and Quinn, F. Tort Law, Longman, 2011. ISBN: 9781408286371

Online resources www.tutor2u.net general resource on AS/A Level study www.hmcourts-service.gov.uk detail on the court system www.parliament.uk information and resources on Parliament www.parliament.uk/education educational resources on Parliament http://magazines.philipallan.co.uk/Magazines/A-Level-Law-Review.aspx magazine for A Level students www.amnesty.org.uk resources on suspects’ rights https://www.gov.uk/ general legal information http://lawcommission.justice.gov.uk/ Law commission website, law reform www.bbc.co.uk relevant news stories, some educational content on courts, legal profession, etc. www.justice.gov.uk Ministry of Justice www.hmcourts-service.gov.uk information on courts and judiciary www.adviceguide.org.uk general legal advice www.justice.gov.uk/tribunals/employment employment tribunals www.acas.org.uk acas http://ybtj.justice.gov.uk/ criminal justice resources v0.16 3Y10 Cambridge International AS and A Level Law (9084) 4 www.homeoffice.gov.uk/police police resources www.justice.gov.uk information on the legal system, news stories, etc. www.thelawyer.com legal profession www.lawsociety.org.uk solicitors www.barcouncil.org.uk barristers www.judiciary.gov.uk judges www.cps.gov.uk Crown Prosecution Service www.magistrates-association.org.uk Magistrates http://sentencingcouncil.judiciary.gov.uk/ sentencing http://ybtj.justice.gov.uk/ sentencing http://sentencingcouncil.judiciary.gov.uk/ sentencing

Papers 1 and 2 Structure and operation of the English Legal System

Unit 1: AS and A Level – Sources of law

Recommended prior knowledge Candidates beginning this course are not expected to have studied law previously.

Context This unit is concerned with the sources from which English law is drawn. It introduces fundamental terminology, concepts and ideas as well as techniques of interpretation.

Outline This unit introduces the learners to the principal historical and modern day sources of English law. This unit looks at the nature of law, and various sources of English Law. This includes Common Law, Equity, Precedent, Legislation and Delegated Legislation and associated terminology and example. In addition it looks at the interpretation of statutes and the prompts for law reform. Learners also consider the impact of human rights legislation.

Syllabus ref Learning objectives Suggested teaching activities Learning resources

1.1 Nature and classification of law Appreciate the differences between civil and criminal liability. Local newspapers as available or UK  Comparison of law, rules and Class activity Worksheets based on news items where students can newspapers online such as www.theguardian.com and morals. identify civil and criminal terms and identify the types of liability and courts and processes used. www.telegraph.co.uk  The main classifications of law in England and Wales: criminal/civil law; public/private and public international/private international law. Rules of law within these classifications. v0.16 3Y10 Cambridge International AS and A Level Law (9084) 6 Syllabus ref Learning objectives Suggested teaching activities Learning resources

1.2 Common Law and Equity Historical overview charting the development of law from customary law Textbooks such as Elliott & Quinn  The development of the to the creation of common law and the development of equity in response to societal problems. Awareness of remedies, maxims and Common Law of England and equitable concept. Wales; Custom. Class activity A series of mini case studies where learners can identify  Historical development of the appropriate remedy/maxim/ concept etc. Equity and its modern day Use of appropriate case example to illustrate these concepts. Learners applications. should seek out modern day applications where possible.

1.3 Doctrine of precedent Understand the technical terminology in this area, historical development www.tutor2u.net  The doctrine of Stare Decisis. and concept of precedent. http://www.justice.gov.uk/about/hmcts/ Appreciate the relevance of the hierarchy of the courts. Case notes on  Judicial tools: distinguishing, illustrative cases concerning the position of the Court of Appeal and overruling, reversing. Supreme Court.  Nature and authority of Class activity Classroom discussion on the advantages and precedent with examples. disadvantages of such a system. Hierarchy of courts.  Development of doctrine within House of Lords (Practice Statement 1966) and Court of Appeal (Young’s case).  Advantages and disadvantages.

1.4 Legislation Be able to identify the role and method of legislative law making. www.parliament.uk  Why legislation is necessary (to Understand and be able to explain appropriate terminology. http://www.parliament.uk/education/ amend or repeal existing Class activity Learners create a diagram of the legislative process legislation, to change or add to with appropriate commentary. the common law, to codify or to consolidate law). Examples of use in each case.  The legislative process.

1.5 Statutory interpretation (SI) Discover the definition and function of the various approaches and tools http://magazines.philipallan.co.uk/Maga v0.16 3Y10 Cambridge International AS and A Level Law (9084) 7 Syllabus ref Learning objectives Suggested teaching activities Learning resources

 The role of the judiciary as of SI. zines/A-Level-Law-Review.aspx interpreters of statutes (Acts of Understand the problems with the approaches and how Judges Parliament). approach the issues. Textbooks such as Elliott & Quinn  Common law rules of Class activity Learners create factsheet on each approach for use in revision. Include problems and advantages. interpretation, rules of Past papers and mark schemes from language, presumptions, Use cards to attempt past paper questions as groups. http://teachers.cie.org.uk intrinsic and extrinsic aids (in Complete research exercises on rules of language and presumptions. particular, Hansard and Pepper Research and report back to class on use of Hansard. Use information v. Hart). to attempt past paper questions individually then compare to mark schemes. Understand the tools used to discover the intention of Parliament. Be able to apply the rules of language to real life examples.

1.6 Delegated legislation Explanation of what DL is, why it is needed and how it is created. Textbooks such as Elliott & Quinn  The meaning of and reasons for Understand the need for controls and be able to describe the control Past papers and mark schemes from http://teachers.cie.org.uk delegated legislation. processes. List the essential facts concerning DL. Importance and reasons for it Understand how this material may be tested in examination. as a source of law. Types of Class activity Learners complete a factsheet explanation of each type delegated legislation. of DL, why it is needed and the available controls. This should also include evaluative commentary.  Controls: pre-drafting consultation, parliamentary proceedings, judicial review and publicity.

1.7 Human Rights Explanation of historical background to current legislation and issues. www.amnesty.org.uk  Introduction to Human Rights. European Convention and ECHR. Evaluation of effectiveness of https://www.gov.uk/ legislation and examination of current and relevant case law.  European Convention on Class activity Research into current cases of note. Human Rights; reasons for and application of Human Rights Act 1998; role of European Court of Human Rights.

v0.16 3Y10 Cambridge International AS and A Level Law (9084) 8 Syllabus ref Learning objectives Suggested teaching activities Learning resources

1.8 Law reform Discussion of reasons for law reform, pressure groups, political http://lawcommission.justice.gov.uk/  Impetus for reform: role of influence, public opinion. www.bbc.co.uk Parliament and judges; effect of Law reform agencies, historical development and current role. public opinion and pressure Class activity Learners select an area of proposed law reform and groups. plan a campaign.  Agencies of reform: role of Law Commission; Royal Commissions and other agencies in outline.

Unit 2: AS and A Level – Machinery of justice

Recommended prior knowledge Learners beginning this course are not expected to have studied law previously.

Context This unit is concerned with the institutions and processes involved with the resolution of legal matters.

Outline This unit introduces the learners to the mechanisms, systems and processes within the English Legal System. This unit looks at the processes and institutions involved in the resolution of legal matters, and includes Civil Courts, Alternative Dispute Resolution methods, Criminal Courts and processes (including Police Powers), and sentencing.

2.1 Civil courts Overview of jurisdiction of civil courts, role and function. http://www.justice.gov.uk/  Jurisdiction of Magistrates Class activity Learners prepare presentations on each court. http://www.justice.gov.uk/about/hmcts/ Courts, County Court, Crown Appeals system and appeals courts, grounds for appeal and pathways. www.adviceguide.org.uk Court and High Court. Class activity Learners prepare flow charts showing pathways and  The Appeal Courts and appeals grounds. system in general, including the appellate jurisdiction of the Divisional Courts within the High Court.

2.2 Alternative methods of dispute Explanation of role and function of tribunals, enquiries, conciliation and http://www.justice.gov.uk/about/hmcts resolution arbitration, critical analysis and controls. v0.16 3Y10 Cambridge International AS and A Level Law (9084) 10 Syllabus ref Learning objectives Suggested teaching activities Learning resources

 Tribunals, enquiries, conciliation Class activity Practice with past paper questions and mark schemes. www.employmenttribunals.gov.uk and arbitration. www.acas.org.uk  Reasons for establishment; functions; respective advantages and disadvantages.  Control of tribunals.

2.3 Criminal process Discussion of police powers of stop search, arrest, detention, treatment http://ybtj.justice.gov.uk/  Police powers: PACE – stop and of suspects in police station and the impact of PACE 1984 and www.adviceguide.org.uk associated codes of practice. search; arrest; detention and http://www.homeoffice.gov.uk/police/ treatment of suspects at police Class activity Using the mini scenarios (on the You be the Judge website http://ybtj.justice.gov.uk) dealing with these issues, discussion of station. findings and adequacy of system.  Right to silence. Explanation of right to silence and impact on suspects.  Pre trial matters: bail, mode of Investigation of pre-trial matters, bail, decision on mode of trial and trial, committal proceedings. committal. Class activity Learners follow a fictional case through the court system offering advice by way of memos and letters at each stage.

2.4 Criminal courts Overview of jurisdiction of criminal courts, role and function. http://ybtj.justice.gov.uk/  Role and jurisdiction of Class activity Learners prepare presentations on each court. http://www.justice.gov.uk/ Magistrates and Crown Courts. Appeals system and appeals courts, grounds for appeal and pathways.  The Appeal Courts and appeals Class activity Learners prepare flow charts showing pathways and system in general, including grounds. appeals to the Divisional Court, Court of Appeal and House of Lords.

2.5 Sentencing principles and Discuss aims of sentencing, illustrating each aim with an appropriate http://sentencingcouncil.judiciary.gov.uk sanctions of courts sentence. Explain the range of sentences available for both adult and http://ybtj.justice.gov.uk/ young offenders.  Aims of sentencing; purpose http://sentencingcouncil.judiciary.gov.uk v0.16 3Y10 Cambridge International AS and A Level Law (9084) 11 Syllabus ref Learning objectives Suggested teaching activities Learning resources

and effect of sentences. Class activity Learners create a series of revision cards/factsheets on / each type of sentence adding relevant detail on aims of sentencing  Types of sentence: custodial, where appropriate. community, fines and discharge, compensation, other powers.  Young offenders.

Unit 3: AS and A Level – Legal personnel

Recommended prior knowledge Learners beginning this course are not expected to have studied law previously.

Context This unit is concerned with the key legal personnel involved in the resolution of legal matters.

Outline This unit introduces the learners to the roles and personnel, both qualified and lay, who work within the English Legal System. This unit introduces the key legal personnel involved in the resolution of legal matters, and includes Barristers, Solicitors, Judiciary, the Crown Prosecution Service, Lay Personnel (Jury and Magistracy) and the Lord Chancellor.

3.1 Barristers and solicitors Explain the differing training and roles of barristers and solicitors and the www.justice.gov.uk  Independence; role; concept of independence. Discussion on the overlap between the www.thelawyer.com professions. recruitment. www.lawsociety.org.uk Class activity Learners prepare letters of advice to learners wishing to  www.barcouncil.org.uk Overlap of roles. enter the legal professions, covering the above issues.

3.2 The judiciary Description of the role, process of recruitment and selection, dismissal www.judiciary.gov.uk  Role; recruitment and dismissal; and training of the professional judiciary. Discussion of the concept of political, financial and personal independence of the judiciary. training and education. Class activity Learners prepare and deliver presentations on each  Judicial independence. level of the judiciary explaining the above issues. Use of Cambridge past paper questions and mark schemes to practise exam techniques.

3.3 The Crown Prosecution Service Discussion of the role and function of the Crown Prosecution Service, www.cps.gov.uk  Function of the service. awareness of the historical background, statutory basis and reasons for creation. Class activity Learners research task using online resource to create a revision factsheet on the service.

3.4 Role of lay personnel Explanation of the Magistracy, their selection, qualification, training and www.magistrates-association.org.uk  Magistrates: qualifications; role in both civil and criminal courts. Discussion on the effectiveness of https://www.gov.uk/ the Magistracy. selection; training; function in civil and criminal cases; Class activity Mini case studies advising individuals whether or not they would be able to become a Magistrate. advantages and disadvantages; role of Magistrates’ Clerk. Explanation of the role, selection and qualification of Jury members. Discussion of the effectiveness of the jury and examination of alternative  Juries: qualifications; role in civil methods of decision making in the courts. and criminal cases. Class activity Use of Cambridge past paper questions and mark  Alternatives to use of juries. schemes to construct appropriately analytical answers.  Criticism of the use of lay Class activity Debate on whether it is appropriate to use laymen in the personnel. English Legal System.

3.5 Lord Chancellor Discussion on the appointment, role and function of the Lord Chancellor. www.parliament.uk  Appointment; role.

Paper 3 Law of Contract

Recommended prior knowledge Before embarking on a study of Law of Contract, it is recommended that learners have studied the Structure and operation of the English Legal System (curriculum content 4.1) which is covered in the preceding units of this scheme of work. In particular, it will be helpful to have studied the mechanics of the English legal system (Unit 2: Machinery of justice) so as to appreciate the way in which contract law is applied by the court structure. In addition, such study will underpin the principles inherent in the application of detailed provisions of law. An understanding of the origins of law (Unit 1: Sources of law) is also important and an awareness of the relative contributions of Parliament, the judiciary and Equity will inform any appreciation of contract law, its application, fairness and effectiveness in a modern legal system. An understanding of the roles of those who work within the English Legal System (Unit 3: Legal personnel) is also a pre-requisite for this course.

Context This scheme of work provides an understanding of the fundamental aspects of contract law. It begins with an introduction to the importance of contract law in modern society and an appreciation of the basic rules and principles which govern the creation of any valid contract – no matter how big or how small. The unit then moves on to deal with the specific components of contracts and some important factors which can affect the validity of a contract. As well as investigating the capacity to make a valid contract and the terms under which such an act can be performed, the study of this area of law also explores the remedies available when a contract fails and so gives an overview of the practicalities of contract law and the steps taken to ensure that it protects and compensates those who are regulated by its provisions.

Outline This scheme of work for Paper 3 follows a step-by-step approach beginning with a contextualisation of the law followed by the ways in which a valid contract can be created before moving onto an in-depth exploration of the specific terms contained in contracts. Next follows detail on the factors which may prevent a contract having validity and concludes with the remedies available in such a case and the way in which they are applied. The units within the scheme of work for Paper 3 are: Unit 1: A Level – Formation of valid contracts Unit 2: A Level – Contents of contract Unit 3: A Level – Vitiating factors Unit 4: A Level – Remedies for breach

Unit 1: A Level – Formation of valid contracts

Recommended prior knowledge This unit introduces core knowledge of contract law and should be studied first (of the four units in this section) as the principles it introduces underpin the Law of Contract. An awareness of the role of contracts in commercial and everyday life will be helpful as well as an appreciation of the wide variety of contracts which affect all our lives – those between individuals and companies being only two of many possible examples.

Context This unit provides an understanding of the initial concepts which underpin a contract if it is to be valid – an offer from one party to the contract and acceptance by the other. It explores the fundamental principles of an agreement, the various and specific ways in which an offer can be made and variations on a standard offer. After this the concept of acceptance is explored with, finally, specific exceptions to the normal principles in this area of law being investigated.

Outline The unit begins with an exploration of the nature of an offer, the distinction between an offer and an invitation to treat and the principles relating to a counter offer. It then moves on to specific exceptions such as requests for information and termination. The next step is to consider the concept of acceptance before looking at unusual situations with which the courts have been asked to deal such as auctions, tenders, collateral contracts, multipartite agreements and machines.

1.1 Nature of contract What is a contract? www.bailii.org  Agreement; unilateral; bilateral;  Teacher-led introduction to provide context on basic principles collateral. involved and their importance to the law of contract. Explanation of the law through the case of Carlill v Carbolic Smoke Ball Company (1893).  Discussion – What contracts have you made? How did you make them? What did you do if there was a problem? (W) www.weblaw.co.uk/articles/how  Research activity – learner presentations about contracts which -to-contract-online/ affect our lives – buying basic essentials contrasted with other goods such as mobile phone contracts. Use the website opposite as a starting point for research. v0.16 3Y10 Cambridge International AS and A Level Law (9084) 16 Syllabus ref Learning objectives Suggested teaching activities Learning resources

1.2 Offer and acceptance What is an offer?  Principles and evidence: offers;  Research activity – think about different ways in which an offer can invitation to treat; counter be made and the factors which are important – make a list of as offers; requests for information; many factors as possible and then discuss them in a group. (I) (W) http://news.bbc.co.uk/1/hi/busin termination; acceptance. How is an invitation to treat different? ess/441740.stm  Look at the website opposite. Make a presentation on the different situations where an invitation to treat is used and the reasons for the http://www.e-lawresources.co.uk/Offer- concept. (G) and-acceptance-contract.php What is a counter-offer?  Research activity – using cases such as Hyde v Wrench (1840) explain the meaning of a counter offer and critically analyse its use in the law. (I) How can an offer be terminated?  Research activity – write a summary of the ways in which an offer can be terminated, supporting what you say with at least one relevant case. (I) What constitutes valid acceptance?  Timeline – show the development of the concept of acceptance through a timeline using summaries of decided cases. (I)  Using the websites opposite make a mind map detailing the different ways in which an offer can be accepted – give a brief definition of each way and link to at least one relevant case. (I)  Discussion – Is the postal rule a good rule? (G)  Exam questions – both essay and hypothetical problem/case study questions can help learners to develop their skills.

1.3 Intention What is an intention to create legal relations?  Reason for requirement;  Teacher led introduction dealing with basic principles and the presumption and rebuttal in relationship between policy, presumption and rebuttals. www.e-lawresources.co.uk/Intention-to- commercial and social/domestic  Why is it necessary? create-legal-relations.php agreements.  Research task – using the website opposite make summaries of the www.bailii.org leading cases on intention to create legal relations.  Discussion – why is an intention to create legal relations such an important area in the law of contract? (W) What happens in social and domestic situations?  Research task – analyse the reasoning in Balfour v Balfour (1919) to illustrate the presumption in domestic cases. (I) What happens in commercial situations?  Research task – analyse the reasons given in Esso v CCE (1976) to illustrate the presumption in commercial cases. (I)  Discussion – compare the majority and minority reasoning in Esso to http://www.insitelawmagazine.com/ch2i assess which is the most convincing. (W) ntention.htm  Revision task – make a mind map to distinguish between domestic and commercial situations – link to decided cases to reinforce learning. (I)  Revision task – listen to the lecture on the website opposite. Make your own notes and then create revision flashcards for this topic. (I)  Essay – Is the doctrine of intention to create legal relations based on considerations of policy or does the court genuinely seek to discover the intention of the parties? (I)  Exam questions – both essay and hypothetical problem/case study questions can help learners to develop their skills.

1.4 Consideration What is consideration?  Nature and function;  Teacher-led introduction on key aspects of this topic and the idea of sufficiency/adequacy, past, consideration as a ‘badge of enforceability’. performance of existing duties; When is consideration adequate or sufficient? promissory estoppel.  Application of the different situations where an offer may be made for an existing obligation to a series of problem scenarios in order to clarify when each applies.  Essay – Critically evaluate, using examples to illustrate your answer, the phrase ‘consideration must be sufficient but it need not be adequate’. (I)  Using the website www.bailii.org prepare a presentation on Pinnell’s www.e-lawresources.co.uk/Pao-on-v- Case (1602) and exceptions. (I) Lau-Yiu-Long.php What is past consideration? http://www.insitelawmagazine.com/ch5c  Research activity – write a summary of the facts and legal principle in onsideration.htm Pao On v Lau Yiu Long (1979) and discuss past consideration, economic duress and third party consideration. Performance of existing duties  Read and listen to the lecture on the website opposite and write a brief summary of the key points. (I) What is promissory estoppel?  Debate – This house believes that the role of promissory estoppel is so important in the law of contract that it should be more than a defence. (W)  Exam questions – both essay and hypothetical problem/case study questions can help learners to develop their skills.

1.5 Capacity Why is capacity important?  Reason for limitation.  Teacher information on basic principles and particular groups affected by capacity.  Minors’ contracts: necessaries;  Discussion – Why is capacity so important from both a moral and employment and training; legal perspective? (W) http://en.wikipedia.org/wiki/Capacity_in_ continuing obligations; main Situation with regard to minors English_law provisions of Minors’ Act 1987.  Research – make a chart of the restrictions placed on a minor’s www.inbrief.co.uk/contract-law/capacity- v0.16 3Y10 Cambridge International AS and A Level Law (9084) 19 Syllabus ref Learning objectives Suggested teaching activities Learning resources

 Corporations, Persons of capacity to make a contract. Use the two websites opposite as a in-contract-law.htm unsound mind, drunkards: a starting point. (I) basic outline. Situation with regard to corporations, those of unsound mind and http://www2.accaglobal.com/pubs/stud drunkards ents/publications/student_accountant/a rchive/sa_sep08_koh.pdf  Research and summary activity – learners work in pairs read the article in the website opposite and produce a summary of the most important points it contains. (G)  Exam questions – both essay and hypothetical problem/case study questions can help learners to develop their skills.

Unit 2: A Level – Contents of contracts

Recommended prior knowledge This unit builds on the principles explored in the previous unit so it is best to be familiar with the fundamental form of a contract before embarking on a study of a contract’s component parts.

Context This unit begins to look in detail at the various elements which go to make up a contract and are essential when assessing whether a contract is valid. The absence of one or more of these elements may also be important if constructing liability for breach of contract and, if this is the case, reaching a conclusion as to the most appropriate remedy.

Outline The unit introduces learners to the elements of a contract through common law and statutory liability. It also demonstrates the logical methods used when constructing contractual liability by investigating the different types of terms that can be incorporated into any given contract to give it binding status in the eyes of the law and to create rights and duties for the parties to the contract. It goes on to explore the nature of exclusion clauses and looks at the role of both the judges and Parliament in this area.

2.1 Types of term  Learners need to understand the basic principles involved and their  Express; implied (by statute importance to the law of contract. This is best achieved by a teacher-led only: Sale of Goods Act 1979 introduction to provide context. as amended).  Discussion based on learner experiences of making a contract – perhaps www.tutor2u.net/law/notes/contract- to buy food or clothing. Use the website opposite to help you use the express-implied-terms.html correct terms in your discussion. (W)  Research activity – learner presentations about contracts which affect our http://uk.blackberry.com/ lives – buying basic essentials contrasted with other goods such as mobile www.bookshop.blackwell.co.uk , phone contracts. In small groups look at different kinds of contracts and www.marksandspencer.com then report back to the whole group on points of similarity and difference. The websites opposite offer some suggestions but a whole range of v0.16 3Y10 Cambridge International AS and A Level Law (9084) 21 Syllabus ref Learning objectives Suggested teaching activities Learning resources

contracts can be explored. Pay particular attention to the terms and conditions pages on these websites. (G) (W)  Analyse the key sale of goods terms by summarising them. Use the http://www.legislation.gov.uk/ukpga/ website opposite to help summarise the key terms. (I) 1979/54  Using the website opposite construct some scenarios which cover the http://www.which.co.uk/consumer- provisions of the SGA. (I) Learners work with a group to work out the best rights/regulation/sale-of-goods-act/ answer to the issues in the scenarios which have been constructed. (G) http://www.which.co.uk/consumer-  Research activity – learners choose a product and then make a contract rights/problem/what-do-i-do-if-i- using the website opposite. have-a-faulty-product/

2.2 Status of terms  Teacher-led discussion on the historical development from conditions and  Conditions, warranties, warranties to innominate terms to provide context. innominate terms  Learners write a summary of the judgement in Hong Kong Fir v Kawasaki www.bailii.org/ew/cases/EWCA/Civ/  Nature; examples; effects of (1961) using the website opposite. (I) 1961/7.html breach  Learners construct a flow chart to illustrate the decision making process for categorisation of a term. Use the website opposite to highlight the key www.oft.gov.uk/about-the-oft/legal- cases which need to be summarised on the chart. (I) powers/legal/unfair-terms/guidance  Exam questions – both essay and hypothetical problem/case study questions can help learners to develop their skills.

2.3 Control of exemption clauses  Teacher-led introduction to give context as to importance, and use, of  Common law: rules of exemption clauses. incorporation; contra  Research activity – learners make a mind map to illustrate the common preferentem. law rules in this area, including summaries of the cases indicated in the www.e-lawresources.co.uk/Unfair-  Statutory: Unfair Contract website opposite. (I) terms---regulation-by-common- Terms Act 1977; Unfair  In pairs, learners summarise the key provisions of the UCTA 1977 using law.php Terms in Consumer the website opposite. (G) Then make a presentation on what they find to http://www.legislation.gov.uk/ukpga/ Contracts Regulations 1999. the whole group. (W) 1977/50  Learners use the website opposite to write a revision summary of the Unfair Terms in Consumer Contract Regulations 1999. (I) http://www.legislation.gov.uk/uksi/19  Revision exercise – learners make a revision mind map to cover the key 99/2083/contents/made areas of exclusion clauses. (I)  Class activity – to see the impact this law has on many aspects of life, www.oft.gov.uk/about-the-oft/legal- v0.16 3Y10 Cambridge International AS and A Level Law (9084) 22 Syllabus ref Learning objectives Suggested teaching activities Learning resources

learners work in small groups to look at different examples of contracts powers/legal/unfair-terms/guidance and then discuss their findings as a group.  Essay – To what extent do the UTCCR 1999 improve the law of contract for consumers? (I)  Exam questions – both essay and hypothetical problem/case study questions can help learners to develop their skills.

Unit 3: A Level – Vitiating factors

Recommended prior knowledge This unit considers the main factors which can lead to a contract being declared invalid. This means that to appreciate this area fully the study of a contract and its component parts needs to be understood before embarking on this unit.

Context Having looked at the need for contracts to regulate behaviour, of both a social and commercial nature, and the components necessary to create a valid contract, this unit looks at the way in which a contract can be vitiated, which means declared invalid. This is important to protect one party to the contract who has perhaps not understood the terms to which they have apparently agreed, or they have made a mistake about the contract to which they have agreed or they have been misled as to the reality of the contract into which they have entered. It is an essential area of the law to ensure that the law is fair and those who need it can be protected from unscrupulous parties.

Outline The unit begins with an exploration of the need for vitiating factors and how they work before moving on to a detailed consideration of area such as misrepresentation. Here the role of the judges, Equity and Parliament are all explored. The unit moves on to consider the types of mistake which can render a contract invalid and finally moves on to look at the passing of void and voidable title.

3.1 Vitiating factors Teacher-led introduction to give examples of vitiating factors and context. For example, mutual mistake or fraud can vitiate a contract.  Reasons; invalidating effect.

3.2 Misrepresentation This topic can be complex, it is easier if introduced to learners in smaller http://www.englishlawlectures.blogspot.co.  Definition; when actionable parts. The blog opposite has a number of examples of uk/2008/05/contract-law-vitiating-factors- misrepresentation. 1.html

 Types: innocent, negligent  Learners make a summary of the key types of misrepresentation and http://www.e- and fraudulent the relevant cases given in the website opposite. (I) lawresources.co.uk/Misrepresentation.php v0.16 3Y10 Cambridge International AS and A Level Law (9084) 24 Syllabus ref Learning objectives Suggested teaching activities Learning resources

 Learners make a summary of the way remedies operate using the  Effects on validity of contract; e-lawresources website. (I) www.legislation.gov.uk/ukpga/1967/7 remedies at Common Law, in  Learners make a summary of the key provisions of the Equity and by statute Misrepresentation Act 1967 using the website opposite to help you. (I) (Misrepresentation Act 1967).  Group activity – using the key questions indicated here learners construct a problem question for another group to answer:  Has there been a false statement of fact and did it induce the other party into the contract?  What kind of misrepresentation has taken place?  Can damages be claimed and how is the amount worked out?  Is rescission available and, if so, why will this be the case? (G)  Exam questions – both essay and hypothetical problem/case study questions can help learners to develop their skills.

3.3 Mistake  Teacher-led introduction to give examples and context.  Research activity – learners analyse the key points of Great Peace  General rule and exceptions Shipping (2002) to chart the historical development of mistake, looking in particular at the role of both Common Law and Equity. (I)  Operative mistakes: common,  Using the websites opposite, learners make a revision chart to mutual (cross purpose), unilateral. http://en.wikipedia.org/wiki/Mistake_(contr explain and illustrate the different types of mistake which can impact act_law) on a contract. (I)  Discussion – What impact do the decisions in Solle v Butcher (1949) http://www.inbrief.co.uk/contract- and Great Peace Shipping (2002) have on the current law and the law/mistakes-in-contracts.htm  Mistakenly signed documents; doctrine of precedent? (W) non est factum  Research task – learners make a list of examples of non est factum, www.gillhams.com/dictionary/300.cfm  Effect at Common Law and in use the website opposite to give you terms of reference. (I) Equity  Learners analyse leading cases in common and mutual mistake in order to identify key the elements required to render a contract void for mistake.  Learners make a revision mind map to cover the whole of this topic. (I)

 Exam questions – both essay and hypothetical problem/case study questions can help learners to develop their skills.

3.4 Passing of title under void and  Teacher-led introduction. http://www.legislation.gov.uk/ukpga/1979/5 voidable contracts.  Learner research – learners research the nemo dat rule using 4/section/23  General rule websites and texts. (I) http://www.nadr.co.uk/articles/published/sh  Nemo Dat Rule; sale under  Using the website opposite, learners can make a list of examples ipping/003CHAPTERTHREETRADE2.pdf voidable title (Sale of Goods Act when voidable title can be passed under the SGA 1979. (G) 1979 as amended).  Extended research – using the website opposite learners write a digest of the main points raised in the article and their impact on the law of modern trade. (I)

Unit 4: A Level – Remedies for breach

Recommended prior knowledge This unit provides an overview of the remedies available in Contract Law. Although some of these will have been dealt with, at least in outline, earlier in the course here there is an opportunity to consider all the remedies together and so this unit is best suited to detailed study towards the end of the course although it contains material which will be useful elsewhere.

Context In this unit there is an opportunity to understand the range of remedies provided in contract law and to assess how they work and the remedies best suited to a given situation. The role of both Common Law and Equity are considered, as well and the interrelationship between the two methods of obtaining a remedy.

Outline The unit begins with an exploration of Common Law remedies, with the primary focus being on damages of various types and the policy used when awarding them as well as the limitations inherent in their application. The Equitable remedies of specific performance, restitution and injunctions are also considered along with the limitations on their application. The unit pulls together all aspects of remedies and considers the wider policy factors which underpin their use.

4.1 Common Law remedies  Discussion – Why do we need remedies? What makes a good remedy? (W)  Damages – nature and  Teacher-led information on the range of Common Law remedies. http://www.goldsmithibs.com/resources/ purpose Learners use the website opposite to develop their own materials. (I) free/Breach-of-Contract/notes/Breach- of-Contract-Remedies.pdf Mitigation and remoteness  Summary activity – learners read the article in the website opposite http://www.lawdit.co.uk/reading_room/r and make a presentation to illustrate its key points. (I) oom/view_article.asp? name=../articles/remedies%20for %20breach%20of%20contract.htm

 Research activity – learners make a mind map of the different kinds of remedies that can be awarded and include a summary of key cases. (I)  Group activity – using the website opposite learners work in a group http://www.contractsandagreements.co. to create different scenarios in which there might be a breach of uk/breach-of-contract.html contract. Learners pass the scenario to another group who has to decide if a breach has taken place and what the remedy is likely to be. (G) (W)  Discussion – To what extent is it true to say that the rules relating to remedies are necessary but restrict justice? (W)  Revision task – learners summarise the types of damages covered http://www.practicallaw.com/7-101-0603 by the article in the website opposite and also make key notes on the most important cases. (I)  Learners make a revision mind map to help them learn the material in this topic. (I)

4.2 Equitable  Teacher-led information and link back to relevant material covered in earlier units.  Specific performance, specific  Provide the learners with a list of cases which deal with equitable restitution, injunction remedies, the learners to write a short summary of each. (I)  Learners try the quiz in the website opposite. (I) (G) http://wps.pearsoned.co.uk/ema_uk_he  Nature and purpose  Discussion – To what extent are the present rules on the limitation of _richards_contract_9/114/29307/75027 awards in contract law effective and fair? (W) 96.cw/index.html  Limitations on awards in  Learners make a revision mind map of this topic to help you learn contract law the material and the key cases. (I) www.slideshare.net/TLHume/remedies-  Exam questions – both essay and hypothetical problem/case study 3703395 questions can help learners to develop their skills.

Paper 4 Law of Tort

Recommended prior knowledge Before embarking on a detailed study of substantive law it will be helpful to have studied the mechanics of the English legal system so as to appreciate the way in which the law of tort is applied by the court structure. In addition, such study will underpin the principles inherent in the application of detailed provisions of law. An understanding of the origins of law is also important and an awareness of the relative contributions of Parliament, the judiciary and Equity will inform any appreciation of the law of tort, its application, fairness and effectiveness in a modern legal system.

Context This scheme of work provides an understanding of the fundamental aspects of the law of tort. It begins with an introduction to the importance of the law in modern society, its role as a regulator of activity and an appreciation of the basic rules and principles which underpin its use. The scheme then moves on to deal with the fundamental area of negligence and looks at its key components, as well as several specific areas in which its evolution is of particular importance. Other important areas which affect everyday life, such as nuisance and trespass, are then explored in detail so as to understand the basis on which the law operates and its role in regulation and protection. To complete the scheme there is an exploration of the remedies available to ensure that the law of tort is fair and effective in its application so that it protects and compensates those who are regulated by its provisions.

Outline This scheme of work for Paper 4 begins with a contextualisation of the law followed by an in-depth study of the law of negligence, its component parts and the two associated torts of negligent misstatement and nervous shock. Next it looks at torts which regulate behaviour and also explores the principles associated with both fault-based and strict liability before moving on to the study of trespass, both to land and the person, as an area of law where a direct infringement of rights can give rise to liability. Finally the scheme concludes with a survey of the remedies available across the law of tort and the way in which they are applied.

The units within the scheme of work for Paper 4 are:

Unit 5: A Level – Negligence and occupier’s liability Unit 6: A Level – Private nuisance and Ryland v. Fletcher Unit 7: A Level – Trespass Unit 8: A Level – Remedies

Unit 5: A Level – Negligence and occupier’s liability

Recommended prior knowledge This unit introduces the key topic of negligence which is at the root of all of the law of Tort. It should be studied first (of the four units in this section) as it deals with basic concepts and principles which regulate human behaviour. An awareness of the breadth of this area is an important starting point in rationalising what happens between parties in everyday life as well as being fundamental to the regulation of those with responsibilities so that protection under the law is reasonable, effective and fair.

Context This unit provides an understanding of the initial concepts which must underpin negligence and its development as a cornerstone of the civil law. Negligence has gone through a considerable evolution, for which the judges have been largely responsible, and there are a large number of policy factors which have impacted on the law’s development. At the heart of negligence lies the concept of a duty of care and the study of this area allows consideration of the many facets which come together to construct liability. The application of the law has necessitated the extension of these basic concepts into precise areas such as nervous shock and these will be explored too. The wider concept of duty will be explored through the relationship between an occupier and those who come on to land, whether lawfully or unlawfully. Having constructed liability it is also important to consider any relevant defences so that the result in any given civil action can be seen as transparent and comprehensible.

Outline The unit begins with an analysis of the need for a law relating to negligence and then explores the levels at which liability can exist before moving on to consider key concepts through the evolution of the law to key concepts such as the neighbour principle. It moves on to explore issues pertinent once a duty has been established and the topic is then reinforced through specific areas of negligent misstatement and nervous shock. It then moves on to specific exceptions such as requests for information and termination. The concept of duty and obligation is also explored through the particular relationship between an occupier and legal and non-legal visitors. To end this unit there is an exploration of the defences which may be used in an effort to return to the fundamental concepts of fairness, reasonableness and effectiveness which underpin this area of law.

5.1 Liability in negligence  Discussion based on discovering the meaning of a ‘tort’ and the Use examples pertinent to learners to reasons why the law is active in this area. Develop this into discussion explore negligence at its most basic  Nature and justification based on the idea of why it matters that those with responsibilities level – use items in a local newspaper v0.16 3Y10 Cambridge International AS and A Level Law (9084) 30 Syllabus ref Learning objectives Suggested teaching activities Learning resources

should discharge them properly by consideration of what happens or local news website. when this does not occur. Consider the role of the law as an arbiter, enforcer and protector. (W)  Personal liability  Essay task – Why should I have a legal duty to another person? (I) Use Access cases to show how the law this to explore ideas and to consolidate skills of essay writing so as to works in the UK – introduce ideas build a coherent and logical argument supported by factual knowledge. found in Donoghue v Stevenson  Vicarious liability  Research task and presentation – What is meant by vicarious liability (1932) – www.bailii.org and how does it work? Use this task to think about different aspects of negligence – both rights and duties that exist for an employer and an employee. Use the case of Lister & Others v Hesley Hall Ltd (2001) as  Joint tortfeasors a starting point. (I)  Using the website opposite learners consider the position in vicarious liability for certain groups of professionals – such as those working in www.unison.org.uk/healthcare/pages_ medical services. Discuss how the law works and consider whether it is view.asp?did=1183 both fair and effective for all the parties concerned. (G)

5.2 Duty of care  Learners read and summarise the article in the website opposite. www.leedsuniversityunion.org.uk/pag Discuss – How far do you agree with the points it makes – What points eassets/clubsandsocieties/safety/duty  Neighbour principle of your own would you add? (I) care.doc  Learners make a timeline of all important cases such as Anns, Murphy,  Methods of establishing duty Caparo, Hill. Learners produce a synopsis of each case and show how the test developed in each decision. (I)  Debate – ‘This house believes that the modern law of negligence is fit for purpose’ – activity chaired by teacher. (G)  Using the website opposite learners construct a claim which they think http://www.pannone.com/solicitors-for- would be successful. Learners work with a partner and write down how you/medical-negligence/medical- they would defend the claim. negligence-claims-and-  Quiz test – use key facts – this can take the form of a competition. (W) compensation/making-a-claim  Exam questions – both essay and hypothetical problem/case study questions can help learners to develop their skills.  Negligent misstatement  Teacher information of the specific area of negligent misstatement Overview: – use Hedley Byrne v Heller (1963) as a starting point. Use the www.lawontheweb.co.uk/Negligent_M lawontheweb website to gain an overview of this area of law. isstatement

 Learners make a group presentation to other learner groups. (G) Hedley Byrne v Heller (1963):  Revision activity – learners make a mind map of the key elements in http://www.bailii.org/uk/cases/UKHL/1 the tort of negligent misstatement (the practicallaw website may be 963/4.html useful). Link each point to at least one relevant case. http://swarb.co.uk/hedley-byrne-co-ltd-  Learners choose one case and using www.bailii.org write a summary v-heller-partners-ltd-hl-1963/ of the facts and principles of law in the case, relating back to the wider http://www.lawontheweb.co.uk/Neglig points in the article they have read. Learners present findings to other ent_Misstatement/Law_of_Negligent_ learners. (I) Misstatement An outline of the law of negligent misstatement: http://uk.practicallaw.com/2-379- 9503?q=Negligent+misstatement  Nervous shock  Teacher information on nervous shock – focus on types of victims and Alcock v CC South Yorkshire (1991): the evolution of the law – use Alcock v CC South Yorkshire (1991) as a http://www.bailii.org/uk/cases/UKHL/1 starting point. 991/5.html  Learners use the cgqc website opposite to make a timeline using leading cases to show how law has changed – learners do this in www.cgqc.com/art5.pdf groups with each looking at a different area of nervous shock. (G)  Essay task – Discuss the extent to which the law on nervous shock is influenced more by policy than by legal principle. (I)  Exam questions – both essay and hypothetical problem/case study questions can help learners to develop their skills.

5.3 Breach of duty  Teacher-led information looking at developments via cases.  Debate – What or who is a reasonable man? (G)  Standard of care  Discussion – What is a reasonable standard of care? Think about particular issues in relation to doctors. (W)  Subjective considerations  Teacher input on relevant factors – foreseeability, size of risk, thin skull, social usefulness and the ease with which precautions can be taken as well as what is common practice. https://thecpsu.org.uk/resource-  Using the briefing opposite, learners explain the particular duties in library/2013/duty-of-care-(england)/ relation to children and sport. Are these duties fair and are they

enforceable? (W)  Exam questions – both essay and hypothetical problem/case study questions can help learners to develop their skills.

5.4 Causation  Teacher-led information on basic tests.  ‘But for’ test; foreseeability;  Learners prepare summaries on key cases such as the ones listed intervening acts; remoteness. here: Hotson, McGhee, Wagon Mound, Re Polemis, Jobling, Fairchild etc. (I)  Visual learning activity – learners make a mind map to show tests in diagrammatic form as a revision aid for examinations. (I)  PowerPoint – look at the presentation here and use it as a prompt for www.routledgelaw.com/textbooks/978 their own summary on its key facts for making your own presentation. 0415458467/downloads/causation.ppt (I) #263,8,

5.5 Occupier’s liability  Look at the source of the modern law – OLA 1957.  Standards of care.  Learners summarise the main standards that this Act imposes using www.legislation.gov.uk/ukpga/Eliz2/5-  Lawful visitors: at Common Law; the website opposite – learners should take care to note the sections 6/31/contents by Statute (Occupier’s Liability and subsections accurately. (I) Act 1957).  Using the website opposite, learners write a summary on how the law www.minsterlaw.co.uk/our-  Unlawful visitors: at Common in this area protects individuals – and consider the alternative services/personal-injury/slips-trips/ Law; by Statute (Occupier’s argument that it does nothing to protect those who find themselves Liability Act 1984). having to defend a claim. (G)  Exclusion of liability.  Discussion – Why was the OLA 1957 not sufficient and which groups of people were not helped in the way that Parliament had intended? (W)  Learners look at developments in the law – OLA 1984. www.legislation.gov.uk/ukpga/1984/3  Using the website opposite learners write a summary of the main www.daisychaincompensationclaim.c standards that this Act imposes – learners should take care to note the o.uk/occupiers-liability.htm sections and subsections accurately. (I)  Research activity – learners use the website opposite to identify some of the key cases and prepare a short summary on each to present to other learners. (I)

5.6 Defences  Teacher-led discussion on the role of defences, their application and  Consent: express/implied; the principles which lie behind them. knowledge of nature and  Debate – This house believes that a civilised legal system should extent. contain defences even though they do not always provide justice. (W)  Volenti non fit injuria: voluntary  Learners write a summary of each of the key defences using the www.claim-advice.com/defences.html nature; effect of RTA 1988; website opposite. Learners should explain the strengths and rescue situations. weaknesses of each of the defences. (I)  Contributory negligence:  Exam questions – both essay and hypothetical problem/case study nature and effect (Law Reform questions can help learners to develop their skills. (Contributory Negligence) Act  Revision test – learners give the facts and principle of law in cases to 1948). see how much of the topic they can recall.  Inevitable accident; act of God

Unit 6: A Level – Private nuisance and Rylands v. Fletcher

Recommended prior knowledge This unit develops the basic principles of an area of law based on the regulation of behaviour both at home and at work in the context of the rights of those around us. It focuses on torts connected with land and property and examines the concepts of fault based liability and strict liability covers. An awareness of the principles that govern the ownership, and control, of land will be useful as will an understanding of the necessity of enforcing rights and duties so as to both regulate and protect behaviour.

Context This unit provides an understanding of the most important ways in which the law of tort focuses on land and those who have responsibility for it and things placed, or brought, within its confines. Private nuisance addresses conflicts between individuals and conflicts with businesses, stressing the need for care and consideration in the use and management of land. Here, liability is based on establishing fault, whereas liability in the tort of Rylands v. Fletcher explores the idea of strict liability as a means of enforcing the responsibilities and duties of those who use land, particularly in relation to wider environmental issues.

Outline The unit begins with construction of liability in private nuisance, paying particular attention to the wide range of factors which need to be taken into account in order to ensure that the law is both fair and effective. It then moves on to the very specific tort of Rylands v. Fletcher, and deals with the particular requirements of this tort as well as its wider role in the protection of the environment and the particular difficulties encountered in its application.

6.1 Private nuisance  Opening discussion – What is meant by a nuisance? Analysis of key Use of local or national media to identify sale of goods terms and discussion of how to relate them to a case examples where nuisance might number of scenarios. (G) be an issue.  Definition; nature of liability; who can sue and be sued.  Teacher-led information on basic definitions and the categories of nuisance.  Relevance of locality, utility, sensitivity, duration and malice  Learners make a flow chart of the steps in an action for private www.inbrief.co.uk/land-law/private- to liability. nuisance – use the website opposite. (I) nuisance.htm  Defences: prescription; statutory  Learners make a presentation based on the case of Hunter v. www.publications.parliament.uk/pa/ld19 authority. London Dockland Organisation (1997). (I) 9697/ldjudgmt/jd970424/hunter01.htm  Research task – Who can sue and who can claim? Use the websites www.towerhamlets.gov.uk/lgsl/401- opposite. (I) 450/416_general_environmental_nuis.a  Teacher-led information on key cases leading to learner task to spx develop a timeline of important cases and a pie chart to show factors which make up liability.  Learners work in groups and make case summaries of some recent www.inhouselawyer.co.uk/index.php/en decisions in the area of private nuisance and its relationship to the vironment/7980-what-a-nuisance- environment. (G) keyenvironmental-cases-from-the-  Exam questions – both essay and hypothetical problem/case study pastyear questions can help learners to develop their skills.

6.2 Rylands v. Fletcher  Teacher-led information on basic principles.  Learners research and summarise the key aspects of the case of  Definition; nature of liability Rylands v. Fletcher (1868) using www.bailii.org (I) (strict v. fault based); conditions  Learners make a timeline on key cases starting with Rylands v. of liability; relationship with Fletcher. (W) nuisance.  Revision activity – learners make a mind map to represent all the different aspects of this area of law. (I)  Defences: consent; act of  Discussion – Is the law in Rylands v. Fletcher a good way to resolve stranger; statutory authority; act problems or is the law too difficult and therefore unfair? (W) of God; default of claimant.  Research – using the website opposite learners consider how the tort http://www.publications.parliament.uk/p works in the modern law by focusing on the case of Transco v. a/ld200203/ldjudgmt/jd031119/trans- Stockport MBC (2003). 1.htm  Exam questions – both essay and hypothetical problem/case study questions can help learners to develop their skills.

Unit 7: A Level – Trespass

Recommended prior knowledge This unit is an exploration of torts based on unlawful direct interference with a person and the land that they own. Trespass is an old tort and it will be helpful to have an understanding of why the law protects people and their property from direct interference. Moral concepts relating to the rights of the individual and the protection they enjoy under the law are useful ideas to introduce to learners. In relation to trespass to the person it will also be helpful to introduce some elements of criminal law to help learners appreciate the close links between sanctions being applied as a result of unlawful physical interference in the criminal law and the use of compensation in similar circumstances in the law of tort.

Context This unit focuses first on the rights of those who own land and also the obligations they then have in terms of direct interference with the rights of others to enjoy the land. Trespass to the person is a widely used tort so regulate the behaviour of individuals and, through an exploration of its component parts, learner will develop an understanding of the rights and duties which affect us as individuals and regulate our everyday behaviour.

Outline The unit begins with an exploration of the trespass to land. As well as showing how liability is constructed, an important focus in placed on the defences available to ensure that the law is applied justly. A similar stance is taken in relation to trespass to the person – separate torts in this area are covered and again attention is paid to defences which are important in a frequently used area of law so as to mitigate harshness in application and ensure acceptance of, and compliance with, the restrictions it imposes.

7.1 Trespass to land  Teacher-led information on the historical context of the law and what Use local media to explore topical constitutes trespass. issues in the news.  Unlawful entry; intention;  Learners read the summary in the website opposite. Make a mind www.parliament.uk/briefing- continuing trespass. map to cover the key elements the article discusses. (I) papers/SN05116.pdf  Learners produce chart based on key cases to illustrate classes of claimants and defendants. (I) v0.16 3Y10 Cambridge International AS and A Level Law (9084) 38 Syllabus ref Learning objectives Suggested teaching activities Learning resources

 Liability tick list – learners make a chart to show the steps a lawyer would work through when constructing liability. Apply this to key cases and then learners make their own examples. (I)  Defences: lawful authority; licence; right of entry.  Learners work in pairs to research and justify possible defences and their application to a scenario. (G)  Revision task – learners summarise the important elements of the www.inbrief.co.uk/land- tort. (I) law/trespass.htm  Research – learners look at the website opposite and summarise the www.gardenlaw.co.uk/walls.html law explained there. (G)  Debate – This house believes that an Englishman’s house (and garden) is his castle. (W)  Discussion – learners read the article in the website opposite. Why is it important for the law on trespass to land to work efficiently and fairly? (W)  Exam questions – both essay and hypothetical problem/case study questions can help learners to develop their skills.

7.2 Trespass to the person  Teacher information on basic principles and definitions.  Learners make a mind map based on the three torts (assault, battery,  Assault and battery: elements; and false imprisonment), identifying key cases and the most conditions of liability; defences of applicable defences in each situation. (I) consent, lawful authority and  Multiple-choice quiz based on scenarios to choose most appropriate necessity. tort. (G)  Debate – Should patient autonomy take precedence over the need  False imprisonment: elements; for medical treatment? (W) conditions of liability; defence of  Moral issues in law – use medical or sporting cases as a stimulus lawful detention (powers to such as in Re F, Re T or Simms and Condon v Basi. arrest and detain in outline).  Essay – To what extent is the boundary between law and morality blurred in trespass to the person. (I)

 Research task – learners read the article and conduct their own www.guardian.co.uk/uk/2009/jun/19/car research on the ‘Cardiff Three’ case outlined in the website opposite. diff-three-compensation-court-appeal Learners make a presentation to explain the case and whether you agree with the views of the writer of the article. (I)  Learners read the article in the website opposite. Working as a team www.bbc.co.uk/news/uk-12834196 learners put forward the arguments they might use if they were making or defending this case. (G)  Discussion – Did the Supreme Court make the right decision in this case? – learners should give reasons for their answer.  Revision task – Learners write their own problem question. Learners construct a hypothetical set of facts which also gives rise to the possibility of the use of defences and ask other learners in the group to give their own analysis of how the law will be applied. (I/W)  Exam questions – both essay and hypothetical problem/case study questions can help learners to develop their skills.

Unit 8: A Level – Remedies

Recommended prior knowledge This unit completes the study of the law of tort with an investigation of the core remedies which are used to support the law and to give it validity in the eyes of claimants, defendants and wider society. It is useful to reinforce this area at the end of the course so as to have an overall picture of the way the law works but some discussion of these remedies will also have been intrinsic to the earlier study of particular torts.

Context This unit demonstrates the fact that, although torts are used to regulate behaviour and to compensate where necessary, in order to be effective and just there must be an opportunity to mitigate any potential harshness through the use of remedies. There is an opportunity to examine both common law and equitable influences and to consider the principles which lie beneath the remedies to which they give rise.

Outline The unit begins with an exploration of the remedies offered by the Common Law. These are monetary in nature and it is also necessary to acquire an understanding of the ambit and the principles which guide their application. The role of Equity is then explored so as to show the range of remedies the law can provide, especially since equitable remedies move beyond mere compensation.

8.1 Common Law remedies  Discussion – Why do we need remedies? What makes a good remedy? (W)  Teacher-led information on the range of common law remedies.  Damages: nature and purpose.  Summary activity – learners read the article in the website opposite and make a presentation to illustrate its key points. (I) or (G)  Research activity – learners match relevant cases to types of www.michaelherbert.me.uk/documents/  Mitigation; remoteness. damages such as nominal, contemptuous, exemplary and obligations.pdf aggravated. (I)  Teacher-led information on the application of compensatory damages in personal injury cases. v0.16 3Y10 Cambridge International AS and A Level Law (9084) 41 Syllabus ref Learning objectives Suggested teaching activities Learning resources

 Learners make a flow chart to show the steps which must be followed in order to achieve a remedy. (I)  Discussion – To what extent is it true to say that the rules relating to remedies are necessary but restrict justice? (W)  Learners construct a set of facts giving rise to liability in tort. Apply each of the different types of damages and explain the results to which the type would give rise – use figures to support their reasoning. (I)  Learners make a presentation of their findings to the rest of the group and see if they agree with the conclusions. (W)  Class activity – learners construct liability in tort, develop a plea in mitigation and let the group be the judge – a key aspect of this is the type and amount of damages to be awarded. (I,G,W)

8.2 Equitable remedies  Teacher-led information and link back to relevant material covered in earlier units, particularly in relation to land-based torts.  Specific performance; specific  Using the website opposite learners pick out the cases which deal www.sixthformlaw.info/02_cases/mod3a restitution; injunction. with equitable remedies and write a short summary of each. (I) /aqa/_cases_remedies.htm  Learners view the presentation in the website opposite. Using the www.slideshare.net/TLHume/remedies- information it contains, learners apply it to a problem question from a 3703395  Nature and purpose of past exam paper and consider whether it produces a fair result. equitable remedies.  Exam questions – both essay and hypothetical problem/case study questions can help learners to develop their skills.  Limitations on awards in the law of tort.

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