UNIT SPECIFICATION HANDBOOK Cilex Level 3 Diploma in Law And

UNIT SPECIFICATION HANDBOOK

CILEx Level 3 Diploma in law and Legal Skills

Issued: February 2016 Introduction

This handbook contains the CILEx unit specifications. These units are the building blocks of the CILEx Level 3 Diploma on Law and Legal Skills.

This handbook should be read in conjunction with the CILEx Level 3 Diploma in Law and Legal Skills Qualification Handbook and Centre Guidance, which sets out the structure of the qualification.

The unit handbook is divided into sections as follows:

Section 1: Level 3 Units

Presentation of qualification units – an explanation of the unit specifications

Title: each unit has its own title which seeks to succinctly convey the legal subject or skill area to be studied and assessed.

Level: each unit has a level which identifies its difficulty. All the units in this Handbook are set at Level 3. Level 3 equates to GCE A Level standard of difficulty.

Learning Outcomes: this column expresses the key aims of the unit. It is expressed in terms of a series of outcomes (i.e. “the learner will”) that the learner should know or understand by the end of their learning programme.

Each unit includes a specific learning outcome which states that all the developed knowledge within the unit must be applied by the learner. The application is required against each of the preceding learning outcomes.

CILEx assessments are designed to ensure that the learner is able to demonstrate application of each of the learning outcomes.

Assessment Criteria: this column expresses the ways in which the learner should be able to demonstrate their achievement/understanding of the learning outcome (“the learner can”).

In all the qualification assessments, CILEx will use these assessment criteria to try and determine the extent to which the learner has demonstrated achievement/understanding in respect of the learning outcomes.

The learner and tutor will notice that the assessment criteria have been written in a certain style. For any given learning outcome, there are a number of assessment criteria for which the key verbs are: to “Describe”, “Explain”, “Identify” etc. You will note that there are also assessment criteria that begin “apply”. These are usually located at the end of a unit and require the application of the law to a given situation.

This final assessment criterion marks a convention adopted in the writing of the units. At Level 3, the key skill for the learner is to understand the Law and associated Legal Practice and then, critically, demonstrate its application to a specific case or scenario. CILEx has chosen to describe this skill of application in each unit specification in this way, as a single operation within each unit. Each of the prior assessment criteria can be thought of as requiring this skill of application.

Knowledge, Understanding and Skills (KUS): this column attempts to describe the knowledge, understanding and skill that are relevant to the application of the assessment criteria.

CILEx anticipates that tutors delivering units towards the new qualification will utilise this column in order to build their schemes of work towards the delivery of units.

It should be noted that the knowledge, understanding and skill identified in this column is indicative and not intended to be exhaustive. CILEx has attempted to be as full as is possible in its knowledge, understanding and skills columns. However, the need for brevity will always mean that the content is indicative and needs careful “unpacking” by tutors and learners.

Learners and tutors will note that each certain knowledge, understanding and skill sections end with a phrase such as: “Application to a scenario”. This identifies the nature of the application required in the associated assessment criterion, i.e. the learner has to be able to apply this understanding to a realistic, work-based scenario. .

When statutes are used as authorities, learners will be expected to know the short title, or where appropriate, the title most commonly used to describe the statute, which will invariably include the date.

Section 1- Level 3 Law Units

Unit Number Unit Title Page numbers Unit 1 Introduction to Law and the legal System in England and Wales 6-11 Unit 2 Practical Legal Skills 12-19 Unit 3 Law of Contract 20-29 Unit 4 Tort Law 30-36 Unit 5 Law of Crime 37-42 Unit 6 Land and Property Law 43-46

Tech Level Unit

Title: INTRODUCTION TO LAW AND THE LEGAL SYSTEM IN ENGLAND AND WALES Level: Level 3

Credit Value: 10

Guided Learning 60 Hours

Learning outcomes Assessment criteria Knowledge, understanding and skills

The learner will: The learner can: 1. Understand the nature of law 1.1 Explain how law can be classified 1.1 Explanation of how the law impacts on aspects of our daily lives; the “pervasive” nature of the law. Definitions of and comparisons between Common Law, Equity and Legislation.

1.2 Distinguish between civil law and criminal 1.2 Definitions of and comparisons between civil disputes and law criminal cases eg: citations, burden of proof, standard of proof, objectives e.g.range of remedies and sanctions e.g punishment or damages

1.3 Distinguish between common law and 1.3 The meaning of equity, why and how it was created, its equity relationship to common law, its role in modern times, equitable maxims, equitable remedies. 2. Understand the organs of 2.1 Explain the sovereignty of parliament 2.1 Understanding the role of parliament and the monarch and government and the role of the monarch where the power lies.

2.2 Distinguish between the Houses of 2.2 Understand the differing role, functions and work of the House Commons and Lords of Commons and the House of Lords

2.3 Explain the separation of powers between: 2.3 Understanding the organs of government; the role of the three  The executive institutions within the constitution and the separation of powers.  The legislature  The judiciary

2.4 Explain the role of the Lord Chancellor 2.4 Understand the nature of the work undertaken and role and the Ministry of Justice performed by the Lord Chancellor. Understand how he is appointed and an outline of the role and work undertaken by the Ministry of Justice.

3. Understand the sources of law 3.1 Explain the function of legislation 3.1 Outline of primary and secondary legislation and how a Bill becomes an Act and the different types of secondary legislation ie: Statutory Instruments, and Bye-Laws and Orders in Council, with examples

3.2 Explain what is meant by common law 3.2 Understanding that common law is made up of judicial precedent rather than statute.

3.3 Explain the concept of judicial precedent 3.3 The meaning of binding and persuasive judgments; use the court hierarchy to illustrate the binding nature of the United Kingdom Supreme Court (with reference to the 1966 Practice Direction), and the Court of Appeal (with reference to Young v Bristol Aeroplane Co 1944 and all other relevant case law and the High Court; the impact of other influential courts, to include : the European Court of Justice, The European Court of Human Rights and the Privy Council; the doctrine of stare decisis.

3.4 Explain the use of case law 3.4 Defining case law with the use of examples; definition of a judgment including Ratio Decidendi and Obiter Dicta and how case law is used as a source

3.5 Explain the influence on UK law through 3.5 Primary and secondary sources such as •Treaties membership of the European Union •Regulations •Directives of EU law with reference to how the individual member states are subject to it. As well as knowledge of European institutions and their role in the creation and application of EU Law.

3.6 Explain the influence on UK law of the 3.6 An outline of the rights and freedoms contained in Schedule 1 European Convention on Human Rights of the ECHR; an illustration of their application in case law. Also the effects of sections 2, 3, 4, 6 and 7 of the HRA.

4. Understand the principles of 4.1 Explain how statutes are interpreted with 4.1 Understand and be apply to define the difference between statutory interpretation reference to: statutory definition and common law rules  statutory definitions  common law rules

5. Understand the hierarchy and 5.1 Explain the function of the Supreme Court 5.1 Understand the role, function, jurisdiction and personnel of the function of the courts Supreme Court

5.2 Identify the courts exercising civil 5.2 The roles, function, jurisdiction and personnel of the County jurisdiction and any appeal function Court, the High Court, the Court of Appeal and the United Kingdom Supreme Court; the main objectives of Civil Procedure Rules 1998 including the purpose of the overriding objective; the three track system (small claims, fast track and multi-track). An outline of the appeals route including: County Court or High Court Appeals against Judgment to Civil Division of Court of Appeal.

5.3 Describe the nature of the work undertaken 5.3 The roles, function, jurisdiction and personnel of the county in the civil courts court, high court, court of appeal and Supreme court

5.4 Explain how the courts operate with 5.4 Understand the main objectives of the Civil Procedure Rules reference to the Civil Procedure Rules including the purpose of the overriding objective and the three track system.

5.5 Identify the courts exercising criminal 5.5 Outline of the appeals route including: Magistrates to the Crown jurisdiction and any appeal function Court including appeals against conviction and to the Divisional Court of the High Court by means of case stated on a point of law and United Kingdom Supreme Court and Crown court appeals against conviction and/or sentence to the Court of Appeal Criminal Division of the Court of Appeal and the Criminal Cases Review Commission

5.6 Describe the nature of the work 5.6 The roles, function, jurisdiction and personnel of the Magistrates undertaken in the criminal courts Court, the Crown Court, the Court of Appeal and the United Kingdom Supreme Court and Juries; explaining, with examples, summary offences, offences triable either way and offences triable only on indictment; the main objectives of Criminal Procedure Rules 2010 including the purpose of the overriding objective.

5.7 Explain how the courts operate with 5.7 Understand the main objectives of the Criminal Procedure reference to the Criminal Procedure Rules Rules 2015 especially in relation to case management and jury irregularities 6. Understand the personnel of the 6.1 Explain the work of: 6.1 Judicial appointment and qualifications in relation to Justices of English legal system  judges generally and circuit and district the Supreme Court, Lords Justices of Appeal, High Court judges Judges, Circuit judges, Recorders and District judges; an understanding of the jurisdiction of each level of judge as to  magistrates the cases which can be heard.  barristers  solicitors  How magistrates are appointed and the appointment criteria;  chartered legal executives the role of the Justices’ Clerk and the role magistrates play within the criminal legal system; the advantages and  paralegals disadvantages of a hearing before magistrates

 The nature of the work undertaken by barristers both in court and in preparing advice for clients; barristers in chambers; the type of work carried out; the role of the governing professional body ie: The Bar Standards Board and code of conduct; The Legal Services Board. The Office for Legal Complaints

 The nature of the work undertaken by solicitors and the role of the governing professional body ie: the Law Society and Solicitors’ Regulation Authority (SRA) and code of conduct; The Legal Services Board. The Office for Legal Complaints.

 The role of Chartered Legal Executives including the nature of the work undertaken by Chartered Legal Executives and their regulation and work which may not be undertaken; the role of CILEx Regulation, The Legal Services Board; The Office for Legal Complaints

 Understand the role of paralegals and what they are and are not allowed to do

7. Understand the alternatives to 7.1 Explain what is meant by, and how disputes 7.1 Outline of the circumstances in which each alternative method litigation through Alternative Dispute might be resolved through, ADR: of ADR would be appropriate and an understanding and ability Resolution  arbitration to define the various types of ADR  mediation  negotiation  conciliation

7.2 Explain the key differences between 7.2 Be able to understand and discuss the differences between arbitration and mediation arbitration and mediation

7.3 Explain the advantages and 7.3 Be able to understand and discuss the likely advantages and disadvantages of ADR. disadvantages of each type of ADR when compared to each other and to litigation. 8. Understand basic legal terminology 8.1 Explain the meaning of the following: 8.1 Explanation of each of the points of terminology and there in the context of a court case  Claimant meaning within court cases

 Defendant

 Counsel  Prosecution  Trial  Application

 Statements of truth  Contempt  Examination in chief  Cross examination

 Opening speeches

 Closing speeches  Summing up  Judgment

 Appeal

 Burden of proof and Standard of proof o Civil o Criminal

9. Understand how to apply 9.1 Apply knowledge of Law and the Legal 9.1 Application to a scenario knowledge of the Law in England system in England and Wales to a given and Wales situation

Additional information about the unit Unit aim(s) The learner will understand key underpinning concepts, terms and processes in Law, the practice of Law and the Legal System Name of the organisation submitting the unit CILEx (The Chartered Institute of Legal Executives) Availability for use Only available to owning awarding body Availability for delivery 1 September 2016

Tech Level Unit

Title: PRACTICAL LEGAL SKILLS

Level: Level 3

Credit Value: 10

Guided Learning 60 Hours

Learning outcomes Assessment criteria Knowledge, understanding and skills

The learner will: The learner can: 1. Understand the professional 1.1 Explain the regulatory framework 1.1 The principles, outcomes and indicative behaviours contained requirements of representing clients of rules for conduct, practice and within the SRA Code of Conduct and CILEx Code of Conduct; understanding of fundamental principles of Solicitors’ Accounts professional performance with Rules e.g. operation of office and client account; statutory reference to: regulatory framework in relation to provision of legal services;  The CILEX Code of Conduct reserved activities; complaints procedure; consequences of  The Solicitors Regulation Authority failure to comply with requirements e.g. disciplinary Code of Conduct consequences; role of key compliance officers e.g. COLP and COFA.

1.2 Explain the requirements for client 1.2 Requirements of file opening procedures within context of identification organisation and the significance of legal and regulatory procedures e.g. conflict of interest search; meaning of and requirements for due diligence checks e.g. types of identity verification.

1.3 Explain the need to guard against 1.3 Meaning of money laundering; content and purpose of statutory money laundering and regulatory provisions; e.g. Proceeds of Crime Act and Money Laundering Regulations; knowledge, suspicion, reasonable grounds; disclosure requirements.

1.4 Explain conflict of interest 1.4 Definition of conflict of interest distinguishing between conflicts between lawyer and client i.e. ‘own interest conflict’ and conflicts between two or more clients: ‘client conflicts’; identifying mandatory Principles, Outcomes and Indicative behaviours of SRA Code of Conduct and CILEx Code of Conduct; exceptions to the general rule; appropriate systems and controls.

1.5 Explain the requirement for a 1.5 Regulatory requirements and statutory regulations; what is client care letter meant by a retainer; identifying which information must be provided in writing at commencement of retainer e.g. complaints, costs information; other information to be provided as prescribed by SRA Code, Provision of Services Regulations 2009 and Consumer Contracts Regulations 2013; specific requirements if providing financial services; practical application in drafting e.g. Law Society good practice note.

1.6 Explain the requirements with 1.6 Costs - understanding concept of chargeable and regard to costs and funding non-chargeable time; understanding the purpose of recording billable time and the need for accuracy e.g. ensuring that the client is only billed for work done that is reasonable and necessary, within agreed parameters and the charging rate set out in the client care letter; understanding key requirements of the SRA Code of Conduct e.g. Chapter 1.

Funding - understanding range of options which may be available and suitability for client e.g. possibility of third party funding, Union backing, CFA, DBA, BTE insurance, private retainer; situations when opponent’s costs might need to be met and funding options for that e.g. ATE insurance; understanding impact of costs reforms on costs in certain types of matter e.g. Qualified One-Way Costs Shifting in personal injury matters; making appropriate arrangements in line with legal and regulatory requirements e.g. SRA Code of Conduct.

1.7 Explain the duty of confidentiality 1.7 Identifying relevant mandatory Principles, Outcomes and Indicative behaviours of SRA Code of Conduct and CILEx Code of Conduct; general rule; by whom and to whom duty owed and duration of duty; reconciliation of duty with duty of disclosure.

1.8 Explain the concept of acting in 1.8 Identifying relevant Principles and Outcomes of SRA Code of the best interests of the client Conduct e.g. Principles 4 and 5; Chapter 1 client care; explaining practical application.

2. Understand the requirements of working 2.1 Explain how to operate within a 2.1Understanding need to maintain standards and confidence in in a professional environment professional environment with reference to: legal services with reference to honesty, independence and  professional ethics integrity; need to comply with regulatory provisions e.g. professional Codes of Conduct and statutory requirements e.g.  the duty of confidentiality Equality Act 2010 (equality and diversity, including disability),  team-working Data Protection Act 1988, UN Convention on disability rights;  workplace etiquette understanding workplace etiquette and principles of effective  equality and diversity team-working and respect for others; appropriate conduct and appropriate methods to resolve conflict in the workplace;  telephone communication appropriate etiquette for verbal and written communications  written and electronic correspondence

3. Understand the principles of legal 3.1 Explain the purpose of legal research 3.1 Understanding requirement to inform and by research applying research to a matter provide accurate up-to-date relevant advice; understanding consequences of failure to research e.g. implications on professional practice with reference to professional rules of conduct 3.2 Explain how to identify objectives 3.2 How to identify expectations and objectives of research e.g. its purpose and outcome in terms of relevant law, case-law, practice and procedure; methods e.g. analysis of problem; reading documents;

discussion with others, meeting with client; distinction between legal and non-legal objectives e.g. personal or commercial concerns

3.3 Explain how to identify issues to be 3.3 How to identify principal issues e.g. researched gathering and assessing all material and relevant information to identify principal unknowns as to the law, case-law, practice and procedure so that objectives can be achieved through research e.g. to answer what, how, when, whether etc

3.4 Identify how to use resources to undertake 3.4 How to identify useful research resources relevant research to issues and objectives; distinguishing between hard copy and electronic resources; identifying types and purpose of resources e.g. primary and secondary sources; understanding of legal and government sources databases e.g. LexisNexis, Halsbury's and Ministry of Justice website; advantages and disadvantages of resources

3.5 Explain how to assess sources for reliability 3.5 Understanding distinction between reliability and and relevance relevance of resources; factors suggesting reliability; factors suggesting relevance; steps to remedy concerns over reliability and/or relevance e.g. modification of search terms; corroboration of material.

3.6 Explain how to find, read and use statutes 3.6 Understanding how to find statutes and case law and case law e.g. LexisNexis, Halsbury’s Laws, www.legislation.gov.uk and how to skim read to condense material for use including how to understand case law (ratio decidendi and obiter dicta); understanding how to ensure research is up-to-date; understanding how to use indexes for each different resource.

3.7 Explain how to use research to address 3.7 Understanding how to analyse material e.g. legal problems with reference to: statute, case law, practitioners’ textbooks;  analysis evaluating material for relevance to problem e.g. similar facts or principles allowing sensible  summarising inference/conclusions; summarising material with  application reference to issues and objectives; applying  presentation material to address the issues and objectives; presenting blended research and advice in accessible format e.g. setting out the facts, the issues, the objectives, summarising the law and applying the law and giving recommendations and advice e.g. options, solutions, advantages and disadvantages; style and format for presenting research dependent on recipient e.g. client or colleague; relevant legal, ethical and organisational procedures to ensure clear, concise and accurate record of the discussion, advice and instructions given.

3.8 Apply to a given situation the 3.8 Skills application of KUS 3.1-3.7 demonstrating principles of legal research knowledge and understanding

4. Understand how to draft documents 4.1 Explain how to draft a document with 4.1 Instructions - drafting document in accordance reference to: with instructions provided and within competence  instructions and authority  its purpose  its structure Purpose - ensuring document meets its purpose  its intended recipient in accordance with instructions e.g. letters, agreements, statements of case or consent  any formal requirements orders; observing requirements for specific content to achieve purpose e.g. to record advice and instructions received, agreements, applications e.g. for summary judgment or request for interim payment.

Structure - e.g. logical setting out; drafting succinctly, chronologically and consistently; correct referencing to relevant documentation; using appendices and headings and sub-headings where appropriate;

Intended recipient - understanding impact on tone and style e.g. the client, the opponent, other parties, the court; recognising different styles and impact e.g. formal and informal; understanding need for professionalism.

Formal requirements - CPR provisions and Practice Directions as to requirements for document presentation e.g. CPR PD5; use of abbreviations and definitions and appendices to assist fluency; ensuring document meets all required content e.g. of Particulars of Claim (CPR 16.4); statement of truths included where appropriate e.g. compliance with CPR 22; claim for interest properly included; requirements for specific pleading e.g. fraud, misrepresentation, undue influence, claim for provisional damages; ensuring all defences and arguments are properly pleaded e.g. contributory negligence, limitation; distinguishing between formal pleading conventions e.g. admitting, not admitting and denying; impact of non-compliance and potential for claim for professional negligence.

4.2 Explain how to ensure accuracy 4.2 Understanding need for accuracy and how to with reference to: read document thoroughly and cross-check information to highlight errors and ambiguity;  content distinguishing between presentation errors and  spelling content errors e.g. as to facts, dates, names, law  grammar etc; understanding need for attention to presentation e.g. ensuring correct meaning and simplicity, avoiding long or unusual words, adding explanation for technical words e.g. Latin or legal terms; using computer functions to carry out amendments for presentation or word- processing errors e.g. spelling, punctuation and formatting.

4.3 Identify prescribed forms relevant 4.3 Understanding that different areas of legal to specific types of work practice have prescribed forms for specific types of work e.g. court forms (civil and criminal),

property transfer, mortgage and Land Registry forms, probate, family law, insolvency and company law; understanding how to locate relevant forms e.g. Companies House, Justice website, court forms finder

4.4 Explain how to complete 4.4 Understanding principles as to how to complete prescribed forms relevant to relevant forms e.g. ensuring up-to-date forms are used; reference to guidelines, accurate specific types of work completion of all relevant sections

4.5 Apply to a given situation the 4.5 Skills application of KUS 4.1-4.4 demonstrating ability to draft documents knowledge and understanding

5. Understand how to apply 5.1 Apply practical legal skills to situations that 5.1 Understanding how to apply practical legal skills practical legal skills may arise in the legal environment. to respond appropriately to a range of tasks likely to arise in a legal environment.

Additional information about the unit Unit aim(s) The learner will develop key professional skills, values and understanding of working in the Legal Sector along with practical skills and knowledge of the requirements of individuals Legal roles. Name of the organisation submitting the unit CILEx (The Chartered Institute of Legal Executives) Availability for use Only available to owning awarding body Availability for delivery 1 September 2016

Tech Level Unit

Title: LAW OF CONTRACT

Level: Level 3

Credit Value: 10

Guided Learning 60 Hours

Learning outcomes Assessment criteria Knowledge, understanding and skills

The learner will: The learner can: 1. Understand what is meant by a 1.1 Define what is meant by a contract 1.1 Definition of a contract e.g. a contract is an agreement giving contract  Agreement rise to obligations which can be enforced or recognised by law.  Valid (Treitel) to be valid there must be some existence of a bargain  Void void contract is treated as having no legal effect from the  Voidable beginning. voidable contracts are valid until they are avoided  Form by one of the parties. e.g ( void) Craven-Ellis v Cannons o Contracts which must be by deed Ltd1936. Examples of voidable contracts e.g. minors, o Contracts which must be in writing rescission. Contracts can be made orally, verbally or by conduct subject to certain exceptions. Contracts which require a deed e.g. the conveyance of of a legal estate in land (s52(1) law of Property Act 1925) contracts required to be in writing e.g. hire purchase and credit sales agreements ( Consumer Credit Act 2006)

1.2 Explain the essentials of a valid 1.2 Explanation of the essential elements required for there to be a enforceable contract with reference to: legally binding contract  offer e.g an offer is an expression of willingness to contract on  acceptance certain terms  intention acceptance final and unqualified assent to be bound by the  capacity terms  consent intention – both parties must intend for it to be a legally

 consideration binding contract  legality both parties must have entered into the contract with true and  possibility of performance informed consent e.g without undue influence or coercion consideration – the price paid for the promise illegality – contracts which are forbidden by either statute, common law or public policy. Lawful contracts that may be illegal because of the way they are performed there must be possibility of performance the contract must not be impossible to complete

1.3 Explain what is meant by intention to 1.3 a contact will not be valid if there is no intention to create a contract: legal relationship. Explanation of the presumption that there is  Capacity no intention to contract in social and domestic situations: Jones  Presumptions: v Padavatton (1969). The presumption can be rebutted in the o Social and domestic agreements case of separated or divorcing spouses: Merritt v Merritt o Commercial agreements (1970), or in social situations where a practical benefit has o Rebuttal been obtained or party at a disadvantage: Simpkins v Pays (1955). The presumption is that there is an intention to create legal relations in commercial situations Edmonds v Lawson (2000). The exceptions to the presumption in commercial situations including: ‘Mere puffs’ Honour clauses: Rose & Frank v J R Crompton (1925)

1.4 Explain what is meant by privity of contract 1.4 Doctrine of privity: only the parties to a contract can sue or be  Exceptions sued on it: Tweddle v Atkinson (1861) and Dunlop v Selfridge o Common law (1915). The exceptions in the Contracts (Rights of Third o Statutory Parties) Act 1999 (ie: ss1(1)(a) and (b); s.1(2)). Exceptions at common law e.g. third- party insurance

2 Understand what an offer is, how it is 2.1 Define what is meant by an offer 2.1 Definition of an offer e.g. an expression of willingness to contract made and how it may be terminated  Tenders on certain terms with the intention it shall become binding upon  Auctions acceptance . Explanation of who an offer can be made to ie: individual, group, world. Advertisements for unilateral contracts: Carlill v Carbolic Smoke Ball Co (1893). Auctions – The Bids are the offers; Payne v Cave 1789, Sale of Goods Act 1979 s57(2). The circumstances in which a tender may be considered an offer e.g Blackpool and Fylde Aero Club Ltd.

2.2 Define what is meant by an invitation to 2.2 Definition of ‘invitation to treat’: an invitation for offers or to open treat: negotiations. Examples of invitations to treat eg:  Advertisements advertisements for bilateral contracts, display of goods and  Displays self-service/ticket machines. Pharmaceutical Society of Great  Self-service/ticket machines Britain v Boots Cash Chemists (Southern) Ltd (1953). Chapleton v Barry UDC 1940, Thornton v Shoelane Parking ltd 1971

2.3 Distinguish between an offer and an 2.3 The differences between ‘invitations to treat’ and ‘offers’: invitation to treat invitations do not incur any liability; offers do incur liability. Gibson v Manchester City Council (1979).

2.4 Explain how an offer is made 2.4 Offers may be verbal, written, or by conduct. Can be made to an  form individual or to the world at large. e.g Carlill v Carbolic Smoke  communication Ball Co. 1893 The offer must be communicated/ received by the offeree: Taylor v Laird (1856).

2.5 Explain how an offer is terminated by: 2.5-2.8 Acceptance – offer is terminated once accepted. If the  Acceptance offoree rejects the offer. Rejections are not effective until  Rejection communicated to the offoror. Counter- offers reject/destroy the original offer Hyde v Wrench (1840). Differences between a  Withdrawal/revocation counter-offer and a request for information; Stevenson, Jacques  Counter-offer Co v McLean (1880). Only the original offeror can reinstate the  Lapse of time original offer.

2.6 Explain how an offer may be effectively If the offoror withdraws/revokes the offer. Revoked any time withdrawn/revoked prior to acceptance Payne v Cave (1789).. Revocation must be communicated to the offeree to be effective Byrne v Van 2.7 Explain the nature and effect of a counter- Tienhoven (1880). even if by a reliable third-party: Dickinson offer v Dodds (1876) : withdrawal of an offer to enter a unilateral contract: Errington v Errington & Woods (1952). 2.8 Explain how a lapse of time may terminate an offer Lapse of time; There is no specific time to keep the offer open (Routledge v Grant)Unless stated otherwise an offer will last for a reasonable period of time e.g Ramsgate Victoria Hotel Co ltd v Montefiore 1866

3 Understand what constitutes valid 3.1 Explain the rules of acceptance of an offer: 3.1 Acceptance is the final and unqualified assent to all the terms of acceptance of an offer and its effect  Communication an offer. Acceptance of the offer amounts to agreement;  Method: consensus ad idem o Offeror's terms Acceptance must be communicated to offeror; silence is never o Verbal valid acceptance: Felthouse v Bindley (1862). Exceptions to the o Acceptance by post communication rule. offeror may waive need for o Acceptance "subject to contract" communication: Carlill v Carbolic Smoke Ball Co (1892). the o Instantaneous methods acceptance must ‘mirror’ the offer. Acceptance by post the o Exceptions postal rule: Adams v Lindsell (1818). acceptance 'subject to contract' the parties have no intention to be bound until a condition has been fulfilled Exceptions to the postal rule: Acceptance by instantaneous modes of communication: Entores Ltd v Miles Far East Corporation (1955) & Brinkibon v Stahag Stahl und Stahlwarenhandelsgesellschaft (1983). The time of the formation of the contract: the postal rule & reg11 Electronic Commerce (EC Directive) Regulations 2002.

3.2 Explain the effect of acceptance of an offer 3.2 once an offer is accepted. An agreement is formed

4 Understand the concept of 4.1 Define consideration 4.1 Definition of consideration: a benefit to one or a detriment to the consideration other: Currie v Misa (1875) or the price for which the other party’s promise is bought: Dunlop v Selfridge (1915). The types of consideration: executed and executory

4.2 Explain the rules of consideration: 4.2 The rules of consideration: adequacy- the consideration must  The issue of adequacy have a degree of economic value even if they are not relative  Must move from the promisee e.g Chappell & Co. Ltd v Nestle Co. Ltd 1960.  Sufficiency  Legality Consideration must move from the promisee: Dunlop v  Must not be past Selfridge but not necessarily to the promissor – relevance of  Existing contractual duties doctrine of privity of contract: Tweddle v Atkinson (1861) - Contracts (Rights of Third Parties) Act 1999; Consideration must be sufficient: Thomas v Thomas (1842). illegality - contracts prohibited by statute or at common law. Past consideration is not good consideration: Re McArdle (1951) - exception of implied assumpsit: Lampleigh v Braithwait (1615).

Rules relating to performance of an existing duty eg: i) Performance of an existing public duty is not good consideration: Collins v Godefroy (1831) unless promise goes beyond what they are bound to do: Harris v Sheffield United FC Ltd (1988). ii) Performance of an existing contractual duty is not good consideration: Stilk v Myrick (1809) unless additional duties have been performed: Hartley v Ponsonby (1857). But see also the position regarding the contractual duty to supply goods and services: Williams v Roffey & Nicholls (Contractors) (1991) and the contractual duty to pay debts: the rule in Pinnel’s Case (1602). Exceptions to the rule in Pinnel’s Case: payment before the debt is due, payment at some place other than where it is due, payment using something different as payment, This specification is for 2016 examinations 3.3 A disputed claims, unliquidated claims, composition agreements, payment by third-party iii) Existing contractual duty to a third party e.g Scotson v Pegg 1861

5. Understand the terms of a contract 5.1 Distinguish between express terms and 5.1 Definition of express terms -Terms that are distinctly or overtly implied terms stated rather than implied. Terms that are agreed by the parties. Definition of implied terms – terms that are either implied by fact e.g Shirlaw v Southern Foundries 1926, The Reborn 2009 or by implied Law e.g Liverpool City Council v Irwin 1976

5.2 Explain how terms may be implied by: 5.2 Examples of terms implied by statute under ss.13, 14 (2), 14(3)  statute of the Sale of Goods Act 1979; and ss.3 and 4, and ss.13, 14  custom and 15 Supply of Goods and Services Act 1982. Post 1 st  the courts October 2015, when the Consumer Rights Act 2015 comes into effect, the following sections will be examples of implied terms in consumer contracts: ss. 9,10 & 11 (supply of goods), ss.34, 35 & 36 (supply digital content) and ss.49, 51 & 52 (supply of services) The criteria for implying a term by custom/trade usage : long duration, reasonable and not inconsistent with an express term; for implying by trade use: existence of usage and it is acceptable to the court. e.g. Hutton v Warren

examples of terms implied by the court to give the contract business efficacy e.g. 'officiious bystander' test and 'business

efficacy' test. The exceptions to the officious bystander test e.g Spring v National Amalgamated Stevedores and Dockers Society or Shell v UK Ltd v Lostock Garages Ltd

5.3 Distinguish between conditions and 5.3 Definition of condition Term going to the root of the contract. warranties Effect of breach: the innocent party may repudiate (contract can continue if innocent party wishes) the contract and claim damages: Poussard v Spiers & Pond (1876). definition of a warranty -Less important term. Effect of breach: the innocent party may claim for damages only and the contract must continue: Bettini v Gye (1876).

5.4 Explain what is meant by an exclusion 5.4 definition of an exclusion clause- a provision in a contract clause disclaiming liability for a particular eventuality

5.5 Explain the impact of the Unfair Contract 5.5 the Unfair Contract Terms Act 1977 makes certain terms or Terms Act 1977 notices totally ineffective it applies to liability in tort and contract in the course of business.e.g negligence and manufacture's guarantees. Some terms may be subject to the test of reaonableness e.g George Mitchell (Chesterhall )Ltd v Finney Lock Seed Ltd

5.6 Explain how terms are incorporated into a 5.6 terms can in be incorporated either by (a) signature: contract L’estrange v Graucob (1934); Curtis v Chemical Cleaning & Dying Co (1951) (b) notice: Olley v Marlborough Court Hotel (1949); Parker v South Eastern Railway (1877), Thornton v Shoe Lane Parking (1971), Chapelton v Barry UDC (1940) (c) course of dealings: Hollier v Rambler Motors (1972); (d) common understanding of the parties: British Crane Hire Corp Ltd v Ipswich Plant Hire (1975). Onerous clauses must be drawn to the attention of the other party: Interfoto Picture Library v Stiletto Visual Programmes Ltd (1988).

5.7 Explain how the courts approach 5.7 courts approach contract interpretation by considering that clear, interpretation of a contract unambiguous words in a contract should not be overturned merely because they are not commercially sensible – even if the outcome is commercially disastrous. Arnold (Respondent) v Britton and others (Appellants) 2015

6. Understand what is meant by 6.1 Distinguish between a representation and a 6.1 Definition of a misrepresentation; Untrue statement of fact or misrepresentation misrepresentation law made by one party to the other, inducing the other to enter the contract; must be actual and reasonable reliance on the misrepresentation. Must not be statement of opinion, intention or trade puff. Non-disclosure: silence does not normally amount to a misrepresentation but note: i. Consumer Protection from Unfair Trading Regulations 2008; ii. Half-truths: Nottingham Patent Brick & Tile Co v Butler (1866); iii. Subsequent falsity: With v O’Flanagan (1936); iv. Contracts of the utmost good faith; v. Fiduciary relationships; Voluntary assumption of responsibility.

Definition of a representation -Statements normally made outside the contract which may induce a party to enter into the contract but which do not constitute a term of the contract. This can include ‘mere puffs’.

6.2 Explain the types of misrepresentation: 6. 2-6.4 Fraudulent: Derry v Peek (1889); Negligent (under the  innocent Misrepresentation Act 1967): Howard Marine & Dredging Co  fraudulent Ltd v Ogden & Sons Ltd (1978); and Innocent. 7.3 Ss 2(1)  negligent (negligent) and 2(2) (innocent) Misrepresentation Act 1967. 7.4 i. Fraudulent misrepresentation: rescission and/or 6.3 Explain the relevance of the damages based on tort of deceit; ii. Negligent Misrepresentation Act 1967 to types of misrepresentation: rescission (subject to court’s discretion) misrepresentation and damages based on tort of deceit: Royscot Trust v Rogerson (1991); iii. Innocent misrepresentation: rescission 6.4 Explain the remedies for misrepresentation: or damages in lieu of rescission. Bars to rescission:  innocent, affirmation; lapse of time; parties cannot be restored to  fraudulent previous positions; acquisition of rights by an innocent third  negligent party. 7. Understand the meaning and effect of 7.1 Explain the general rule of mistake 7.1 for a mistake to exist there must be a fundamental mistake of mistake law or fact at the time the contract was made. This will render the contract void.

7.2 Explain the effect of mistake as to: 7.2 Explanation of common mistake – where both parties have  Common mistake made the same mistake  Unilateral mistake explanation of unilateral mistake- where one party has made  Identity of subject matter a mistake and the other party is aware of this but does nothing

 Existence of subject matter to correct it. Mistake as to the idenity of the subject matter  Quality of subject matter where both parties are mistaken as to the identity of the  Identity of other party essential item of the contract e.g.Raffles v Wichelhaus 1864] / existence of subject matter e.g Courtier v Hastie, McRae v Commonwealth Disposals Commission. Quality of the subject matter renders the contract void on the basis it is not of the quality both parties expected e.g Bell v Lever Bros Associated Japanese Bank V Credit du Nord. Mistake as to the identity – the identity of the other person must be of fundamental importance to the innocent party. The criteria to prove unilateral mistake as to the identity Shogan Finance Ltd v Hudson

7.3 Explain the effect and rectification of 7.3 Explain the effect and rectification of mistake in Equity mistake in Equity

8. Understand how a contract may be 8.1 Identify and explain ways in which a 8.1 Explanation of performance. The basic rule that performance discharged contract may be discharged with reference should be carried out in accordance with the contract. Both to: parties must fulfil their obligations. The entire performance rule.  Performance Mitigation of the rule: i. Acceptance of partial performance:  Breach Cutter v Powell (1795); ii. Substantial performance: Hoenig v  Accord and satisfaction Isaacs (1952) but consider: Bolton v Mahadeva (1972); iii. One  Frustration party prevents performance: Planché v Colburn (1831); iv.  Time Divisible or severable contracts; and vi. Breach of terms concerning time and whether or not time is ‘of the essence Explain how a breach of a condition entitles the innocent party to repudiate the contract e Poussard v Spiers & Pond (1876). Distinguish breach of a warranty, Bettini v Gye (1876) Accord and satisfaction- - a promise from both parties not to enforce the contract. Explanation of Frustration - An event which is the fault of neither party, rendering the contract impossible or illegal to perform or completely pointless. Frustrating events, including: i. Destruction of subject-matter: Taylor v Caldwell (1863); ii. Illness/death of a party: Condor v Barron Knights (1966); iii. Supervening illegality: Fibrosa Spolka Akcyjna v Fairborn Lawson Combe Barbour Ltd (1943): iv. Event, the sole reason for the contract, does not take place: Krell v Henry (1903); Non-

frustrating events including: i. Events anticipated and provided for; ii. Events making contract more onerous/expensive; iii. Self- induced frustration. Effect of frustration at common law. Explanation of the time of the performance- time is of the essence if a person wishes to terminate a contract Raineri v Miles e.g Unied Scientific Holdings ltd Burnley Borough council 1978 9. Understand the remedies available for 9.1 Identify the range of remedies available for 9.1 54 to 56 of the Consumer Rights Act 2015 will imply certain breach of contract breach of contract with reference to: remedies in respect of consumer contracts when it comes  damages in force.  injunction Common law remedy of damages which is monetary  specific performance compensation. Equitable remedies of injunction which is a court order requiring an individual to perform, or is refrain from performing, a particular act and specific performance which is an order for a party to an agreement to perform their obligations according to the terms of the agreement. Equitable remedies are discretionary and granted where damages are not sufficient. Outline of criteria used when granting these.

9.2 Explain the nature and purpose of 9.2 damages aim to put the innocent party in position he would have damages for breach of contract been had the contract been properly performed: Robinson v Harman (1848).

9.3 Explain the effect of the statutory 9.3 Statutory intervention: Law Reform (Frustrated Contracts) Act provisions of the Law Reform (Frustrated 1943: s1(2) payments made are refundable, court may allow Contracts) Act 1943 reasonable expenses to be deducted, monies owing are not payable: Gamerco S.A. v I.C.M.(1995).

9.4 Explain the types of loss for which 9.4 Explanation of: damages for non-pecuniary loss: loss of compensation might be awarded enjoyment, inconvenience, distress: Jarvis v Swans Tours Ltd  Pecuniary loss (1973), Farley v Skinner No. 2 (2001); damages for pecuniary  Non-pecuniary loss loss: reliance loss: Anglia TV v Reed (1972) expectation loss (cost of cure, cost of replacement etc: Ruxley Electronics and Construction Ltd v Forsyth (1996)), loss of bargain; consequential loss

9.5 Explain what is meant by remoteness of 9.5 in contract law the damages for breach of contract will be too damage remote and not recoverable unless the defendant could have

reasonably foreseen the losses as a likely occurance. The Claimant needs to show: (a) the breach caused the loss, (b) the loss was not too remote: Hadley v Baxendale (1854), Victoria Laundry (Windsor) Ltd v Newman Industries Ltd (1949), The Heron II (1969), Transfield Shipping v Mercator Shipping (The Achilleas) (2008) and (c) that the innocent party has attempted to mitigate the losses claimed

9.6 Explain what is meant by mitigation of loss 9.6 The claimant is required to take all reasonable steps to mitigate the loss caused by the breach

9.7 Explain how specific performance and 9.7 Definitions of the remedies; equitable nature of the remedies, injunction provide a remedy for breach of discretionary, granted where damages inadequate; outline of contract criteria used when granting these remedies.

10. Understand how to apply Contract Law 10.1 Apply Contract Law to a given situation 10.1 Learners are required to analyse the facts of the given scenario and relate the facts to the relevant laws stating the correct legal authority

Additional information about the unit Unit aim(s) The learner will understand key concepts, terms and processes in the Law of Contract Name of the organisation submitting the unit CILEx (The Chartered Institute of Legal Executives) Availability for use Only available to owning awarding body Availability for delivery 1 September 2016

Tech Level Unit

Title: TORT LAW

Level: Level 3

Credit Value: 10

Guided Learning 60 Hours

Learning outcomes Assessment criteria Knowledge, understanding and skills

The learner will: The learner can: 1. Understand what is meant by a tort 1.1 Define what is meant by tort 1.1 a civil wrong

1.2 Identify examples of a tort: 1.2 negligence, nuisance, trespass.'Occupier’s Liability Acts 1957  Common law and 1984, Consumer Protection Act 1987 etc.  Statutory

1.3 Explain the objective of the law of tort 1.3 to provide compensation, deterrence, (corrective) justice.

2. Understand the concept of negligence 2.1 Define negligence 2.1 Definition by reference to relevant case law, e.g Donoghue v Stephenson or the comments of Alderson B in Blyth v Birmingham Waterworks Co (1856). or as defined by Winfield (1926) 2.2 Identify and explain the key components to 2.2 Duty of care, breach of duty and harm (damage) that is legally establish negligence recognised/ worthy of compensation

2.3 Explain where lies the burden of proof 2.3 The starting point is that the claimant has the burden to prove, on the balance of probabilities, that the defendant is liable for negligence. Examples of when the burden shifts to the defendant

2.4 Explain what is meant by res ipsa loquitur 2.4 'the thing speaks for its self' the courts can infer negligence from the circumstances of the accident. e.g Scott v London and St Katherine Docks co 1895

2.5 Explain what is meant by and how 2.5 Where one person is liable for the tortious acts of another. vicarious liability may arise Usually in employee/employer relations or relations akin to employment situations

it arises if the following requirements are met (1) Is it a tort? (2) Is it committed by an employee? (3) Is it committed in the course of employment? Relevant case law: eg: Hilton v Thomas Burton (Rhodes) Ltd (1961), Lister v Hesley Hall Ltd (2001) & Maga v Roman Catholic Archdiocese of Birmingham (2010) & eg: Kay v ITW Ltd (1967) & Gravil v Carroll & Anor (2008) A relationship “akin to employment”: JGE v Trustees of the Portsmouth RC Diocesan Trust (2012)

3. Understand the concept of duty of care 3.1 Explain what is meant by duty of care: 3.1 common law -Neighbour Test – Donoghue v Stevenson (1932). and breach  at common law: Three-stage Test – Caparo v Dickman (1990): Reasonable  neighbour test foreseeability: eg: Smith & Ors v Littlewoods Organisation Ltd  three-stage test (Caparo v Dickman) (1987). Proximity: eg: Watson v British Boxing Board of Control  under statute: (2000). Must be just and reasonable: eg: L & Anor v Reading BCl  statutory duties of care & Ors (2007) statutory - .e.g. Occupiers' Liability Act 1957 and 1984. Health and Safety at Work Act 1974 s7.

3.2 Explain the standard of care expected 3.2 The standard (basic) “reasonable man” test; test is objective.  the reasonable man Relevant case law: eg: Blyth v Birmingham Waterworks Co  professional calling (1856), Alderson B  statutory standard of care professional calling Relevant case law eg: Nettleship v Weston (1971) (learner drivers), Bolam v Friern Hospital Management Committee (1957) (reasonably competent professional), Bolitho v City and Hackney Health Authority (1997) (accepted body of professional opinion) & eg: Whitehouse v Jordan (1981) (doctor), Chester v Afshar (2004) (duty to explain) statutory regulators e.g General Medical Council

3.3 Explain how the duty of care may be 3.3. failure to meet the standard of the reasonable man test e.g Blyth breached : v Birmingham Waterworks Co (1856), Alderson B factors the  importance of object to be attained courts will consider to establish breach e.g s1 Compensation  magnitude of risk Act 2006: instruction to court to consider implications of  practicability of precautions awarding compensation eg: prevent a desirable activity from  professional conduct being undertaken. the social value of the activity . e.g Watt v  industry standards Hertfordshire CC 1954. e.g. magnitude of risk-The greater the risk, the greater the precautions which should be taken. Relevant case law: Bolton v Stone (1951) & eg: Hilder v Portland Cement (1961). e.g. practicality of precautions e.g cost of avoiding harm. Relevant case law, eg: Latimer v AEC (1953). e.g. Professional conduct e.g the Bolam test e.g. industry standards-issued by groups and organisations that outline the standard practice of that industry, common practice by a group of professionals e.g. Bolitho 4. Understand the concepts of 4.1 Define causation 4.1 The essential link between the defendant's action and the harm causation and damage caused to the claimant 4.2 Define damage 4.2 harm or injury caused to the claimant that the courts consider to be worthy of compensation e.g .D v East Berkshire Community NHS trust [2005] 4.3 Explain how causation is established: 4.3 In fact -a factual link between the Defendant’s breach of duty of  in fact care and the harm suffered by the Claimant. The “but for” test.  applying the ‘but for’ test Relevant case law: eg: Barnett v Chelsea & Kensington HMC  in law (1969) & eg: Holt v Edge (2007), Gouldsmith v Mid Staffordshire Hospitals General NHS Trust (2007) & Palmer v Cornwall CC (2009) in law - the type harm suffered by the Claimant must not be too remote in law if the claim is to be successful. E,g, The Wagon Mound (no1) 4.4 Explain the principles of remoteness of 4.4 The type of harm caused must not be too remote. if it is damage: reasonably foreseeable that the type of injury would occur then  reasonable foreseeability liabilty exists for the full consequences of the type injury. e.g  unintended consequences: tremain v Pike 1969,Vacwell engineering Co ltd v BDH Chemicals o the "egg-shell" skull" principle Ltd [1971]  intended consequences even if the exact consequence is not intented could see be liable for the full extent of the injury e.g thin skull rule – take your victim as you find them . e.g Smith v Leech Brain & Co ltd 1962 and

intentional torts e.g trespass 4.5 Explain the effect of a new intervening act 4.5 A new intervening act that is either an act of Nature, act of third party act of the claimant themselves that breaks the chain of causation and the original tortfeasor will not be liable for events after. Can reduce or apportion damages between the tortfeasors, e.g Knightley v Johns 1982 McKew v Holland 1969

4.6 Explain how liability may arise from 4.6 where there are different multiple sufficient causes of harm- successive or multiple causes of harm whether the successive action of the second party absolves the first e.g Baker v Willoughby 1970, Jobling v Associated Dairies ltd 1982, Performance cars v Abraham 1962 5. Understand the concept of contributory 5.1 Explain the relevance of the Law Reform 5.1 Law Reform (Contributory Negligence) Act 1945 s1(1) provides negligence (Contributory Negligence) Act 1945 a partial defence that can reduce the claimant's damages where the claimant and defendant are both at fault the Damages will be apportioned according to the contribution of the defendant e.g Smith v Finch 2009 guidelines on reduction

5.2 Explain how allegations of contributory 5.2 the claim will not be defeated entirely but the amount of negligence affect a claim: damages will be reduced o cause, nature and extent of the accident generally and Law Reform (Contributory Negligence) Act 1945 s4 – did the o dilemma claimant fail to exercice reasonable care fr their own safety.?Did o children the failure contribute to the claimant's damage? What what o cause, nature and extent of injury extent should the claimant's damages be reduced? (repeated)

5.3 Describe instances when a finding of 5.3 Describe instances when a finding of contributory negligence is contributory negligence is less likely less likely

6. Understand the nature of defences 6.1 Explain the concept of a defence to the 6.1 Even if a claimant can establish a claim in negligence the available in tort imposition of liability defendant may be able to reduce or negate their liability with a successful defence. Common law and statutory defences and full and partial defences. e.g Armsden V Kent Police 2009 Froom v Butcher 1976. 6.2 Provide and explain the effect of defences 6.2 Explain the effect of Limitation Periods under the Limitation Act provided by statute: 1980. s2 and ss11-14. General limitation period in tort; Limitation  Limitation Act 1980 period in personal injury cases; “date of knowledge” & situation

 Occupiers Liability Acts 1957 and 1984 on death of Claimant. Relevant case law: eg: Halford v Brookes & Anor (1991) & eg: Haward & Ors v Fawcetts & Anor (2006), Mackie v Secretary of State for Trade & Industry (2007), A v Hoare (2008) & Maga v Roman Catholic Archdiocese of Birmingham (2010). Latent Damage Act 1986. explanation of the defences under the Occupiers' Liability Act 1957 and 1984. 1957- an occupier has a defence where a visitor's injuries arise from 'risks willingly accepted as his visitor' s2(5) or where their negligence has contributed to the injuries. Occupiers' Liability Act 1984 the conditions where an occupier will not owe a duty of care to non-visitors s1(3) 6.3 Explain the effect of consent: volenti non fit 6.3 Volenti Definition & explanation. Relevant case law: eg: Stermer injuria v Lawson (1977) – knowledge of risk; Smith v Baker (1891) – exercise of free choice; ICI v Shatwell (1965) – voluntary acceptance of risk; Baker v Hopkins (1959) – rescuers; Murray v Harringay Arena (1951) – spectators at sports events & Poppleton v Trustees of the Portsmouth Youth Activities Committee (2008) – participants in hazardous activities. Effect of s149 Road Traffic Act 1988. Full defence 6.4 Explain the meaning and effect of ex turpi 6.4 ex turpi causa Definition & explanation. Relevant case law: eg: causa Clunis v Camden & Islington HA (1998), Gray v Thames Trains Ltd & Anor (2009) & eg: Stone & Rolls Ltd v Moore Stephens & Anor (2009). full defence 6.5 Explain the effect of: 6.5 inevitable accident – one that could not have been prevented  inevitable accident by either of the parties involved e.g Latimer v. A. E. C. Ltd  act of God Act of God – occurs due to an inforeseen natural event.  necessity Explaination of the requirements to establish this. E.g Nichols v  self-defence Marsland 1876). Necessity- often used in medical situations e.g Mental Capacity Act 2005, AirdaleNHS Trust v Bland 1993, Re A (cojoined twins) 2001. Self -defence- must have honest and reasonable belief they are about to be attacked. e.g. Ashley v Chief Constable of West Sussex Police 2008

7. Understand the remedies available to a 7.1 Identify remedies available in tort 7.1 Damages and injunctions claimant 7.2 Explain the concept and purpose of 7.2 The purpose of damages in tort: to put the claimant in the damages position he would have been in had the tort not occurred.

7.3 Explain how causation links to damages 7.3 The damage suffered by the clamaint must have been caused by the defendant breach of duty. They must show that there was a causal link between the fault and the damage caused. 7.4 Identify and explain heads of damages in a 7.4 Special Damages: quantifiable financial loss to date of trial. personal injury action: General Damages: future financial loss (loss of earnings); past &  general damages future non-financial loss (pain & suffering, loss of amenity,  special damages mental distress).  statutory damages Statutory damages e.g Damages payable on death: Law Reform (Miscellaneous Provisions) Act 1934, Fatal Accidents Act 1976 & Administration of Justice Act 1982 7.5 Explain the principle of mitigation of loss 7.5 Explanation of mitigation- injured party cannot recover damages for any loss which could have been avoided by taking reasonable steps e,.g Lombard North Central Plc v Automobile World (UK) Ltd [2010] 7.6 Explain the principle of betterment 7.6 A reduction in the amount of damages awarded to take into account the claimant receives something new for something old. E,g Harbutt's Plasticine v Wayne Tank & pump Co Ltd 1970

8. Understand how to apply Tort Law 8.1 Apply Tort Law to a given situation 8.1 Students are required to analyse the facts of the given scenario and relate the facts to the relevant laws stating the correct legal authority

Additional information about the unit Unit aim(s) The learner will understand key concepts, terms and processes in the area of Tort Law Name of the organisation submitting the unit CILEx (The Chartered Institute of Legal Executives) Availability for use Only available to owning awarding body Availability for delivery 1 September 2016

Level Unit

Title: LAW OF CRIME

Level: Level 3

Credit Value: 10

Guided Learning 60 Hours

Learning outcomes Assessment criteria Knowledge, understanding and skills

The learner will: The learner can: 1. Understand the principles of criminal 1.1 Define what is meant by a crime 1.1 Meaning of crime: conduct the state wishes to prohibit. liability

1.2 Distinguish between the objective of the 1.2 Objective of criminal law as punishment and civil law as criminal courts and the civil courts in providing compensation (damages). Purpose of sentencing respect of sanctions including: deterrence, rehabilitation etc.

1.3 Understand the essentials of a crime 1.3 Basic principle of ‘actus non facit reum nisi mens sit rea’.  Actus reus Meaning of actus reus – the guilty act; elements including:  Mens rea conduct, consequences, state of affairs, liability for omissions; o intention relevant case law including: Larsonneur (1933), Pittwood o recklessness (1902), Stone and Dobinson (1977). Meaning of mens rea – the o gross negligence guilty mind. Meaning of intention: direct and indirect; s8 CJA o Presumptions: 1967; relevant case law including: R v Woollin (1999). Meaning o presumption of intention of recklessness: subjective and objective; relevant case law o presumption of innocence including: R v Cunningham (1957), R v G and Another (2003).  concept of continuing act Meaning of gross negligence; relevant case law including: R v Adomako (1994). Presumption of intention from DPP v Smith (1960) reversed by s8 Criminal Justice Act 1967. Presumption of innocence – burden of proof on prosecution. Requirement of coincidence of actus reus and mens rea; concept of ‘continuing

act’; case law including: Fagan v MPC (1969), Thabo Meli v R (1954).

2. Understand strict liability 2.1 Explain what is meant by strict liability 2.1 Exception to the general rule requiring mens rea; relevant factors including: absence of words relating to mens rea in the legislation, issues of public safety, nature of the sanction, whether the offence is truly ‘criminal’; relevant case law including: Gammon v A-G of Hong Kong (1985).

2.2 Identify examples of activities to which strict 2.2 Examples to include legislation regarding the sale and liability applies preparation of food, drink, pharmaceuticals etc., road traffic, health and safety, consumer protection, environmental protection.

2.3 Explain the presumptions relating to mens 2.3 Presumption of mens rea; relevant case law including: Sweet v rea and strict liability Parsley (1970).

3. Understand liability for homicide 3.1 Define homicide with reference to it being: 3.1 Appropriate definition of homicide. Meaning of justified or  Lawful excusable homicide e.g. killing of enemy in wartime, presence  Unlawful of justificatory defence. Actus reus elements of unlawful o murder homicide including: concept of killing, factual causation (the ‘but o manslaughter for’ test) and legal causation (‘operating and substantial’ o infanticide requirement, the ‘thin skull’ rule, new intervening acts); relevant case law including: R v White (1910), R v Smith (1959), R v Cheshire (1991), R v Blaue (1975). Differing mens rea requirements for murder and manslaughter. Definition of infanticide (Infanticide Act 1983 S1, as amended by Coroners & Justice Act 2009).

3.2 Define murder with reference to: 3.2 Definition from Sir Edward Coke.  Of sound mind  Unlawfully kills  Any reasonable creature  In being  Under the Queen's Peace

 With intent to kill or cause grievous

bodily harm

3.3 Explain the actus reus of murder 3.3 Actus reus of unlawful homicide (killing must be unlawful; meaning of ‘human being’, factual and legal causation - see above); effect of Law Reform (Year and a Day Rule) Act 1996.

3.4 Explain the mens rea of murder 3.4 Meaning of ‘malice aforethought’ – intention to kill or cause serious harm: R v Vickers (1957). Meaning of intention – direct and oblique; relevant case law including: Hyam v DPP (1974), R v Moloney (1985), R v Hancock and Shankland (1986), R v Nedrick (1986), R v Woollin (1999), R v Matthews and Alleyne (2003).

3.5 Explain the statutory defences 3.5 Meaning of ‘diminished responsibility’; s2(1) Homicide Act 1957 available under the Coroners and as amended by s52 Coroners & Justice Act 2009; requirements Justice Act 2009: including: abnormality of mental functioning, recognised medical o diminished responsibility condition, substantial impairment of D’s ability to understand the o loss of control nature of his conduct etc.; relevant case law including: Byrne (1960), Ahluwalia (1992), Martin (2001). Meaning of ‘loss of control’; s54 Coroners & Justice Act 2009; requirements including: loss of control, presence of qualifying trigger, reasonable person of D’s sex and age might have reacted in the same/similar way, D did not act in revenge; relevant case law including: R v Pearson (1992), A-G for Jersey v Holley (2005), R v Clinton, Parker and Evans (2012), R v Dawes, Bowyer and Hatter (2013).

3.6 Explain the effect of the statutory 3.6 Reduction of charge from murder to manslaughter; wider range defences on liability of sentencing options; partial defences which only apply in cases of murder.

3.7 Define manslaughter: 3.7 Meaning of voluntary manslaughter: mens rea of murder is  voluntary present, but one of the statutory defences (above) applies. o diminished responsibility (see above) Meaning of involuntary manslaughter: actus reus of homicide is o loss of control (see above) present but mens rea of murder is not. Meaning of gross  involuntary negligence manslaughter as defined in R v Adomako (1994); o gross negligence elements including: duty of care, breach of duty, need for o unlawful and dangerous act breach to be ‘gross’, mens rea requirement; relevant case law including: R v Adomako (1994), R v Bateman (1925), A-G’s Reference (No. 2 of 1999) (2000), R v Misra (2004).Meaning of unlawful and dangerous act manslaughter; elements including: unlawful act, the act is criminal, the act is ‘dangerous’, causation; relevant case law including: A-G’s Reference (No. 3 of 1994) (1997), R v Franklin (1883), R v Church (1996).

3.8 Identify statutory homicide offences 3.8 Examples to include: causing death by dangerous or careless driving (ss1, 3A Road Traffic Act 1988, as amended; ss20,21 Road Safety Act 2006), corporate manslaughter (Corporate Manslaughter and Corporate Homicide Act 2007), familial homicide (s5 Domestic Violence, Crime and Victims Act 2004)

4. Understand liability for theft 4.1 Define what is meant by theft with reference 4.1 Definition of theft from s1 Theft Act 1968. to the Theft Act 1968

4.2 Explain the actus reus of: 4.2 Actus reus of theft: meaning of ‘appropriation’ (s3), ‘property’  theft (s4), ‘belonging to another’ (s5); relevant case law including: Lawrence v MPC (1972), R v Morris (1984), R v Hinks (2000), R  robbery v Turner (1971). Actus reus of robbery: s8 Theft Act 1968;  burglary elements including: theft, need for force, immediacy requirement; relevant case law including: R v Hale (1978), R v

Dawson and James (1976). Actus reus of burglary: ss9&10

Theft Act 1968; meaning of ‘entry’, ‘building’, ‘trespasser’; ulterior offences; differences between s9(1)(a) and 9(1)(b)

burglary; relevant case law including: R v Ryan (1996),Stevens v Gourley (1859), B & S v Leathley (1979), R v Collins (1973), R v Jones and Smith (1976), R v Walkington (1979)

4.3 Explain the mens rea of theft: 4.3 Meaning of dishonesty: s2 Theft Act 1968; test from R v Ghosh  the test for dishonesty (1982). Meaning of ‘intention to permanently deprive’: s6 Theft Act 1968; relevant case law including: R v Lloyd (1985), R v  intention to permanently deprive Velumyl (1989).

5. Understand the defences available 5.1 Explain the circumstances giving rise to, 5.1 Meaning of insanity: criteria laid down in M’Naghten’s case and the effect of, the following defences: (1843) ; elements including ‘disease of the mind’, ‘defect of  Insanity reason’, inability to understand nature and quality of act; burden of proof; relevant case law including: R v Kemp (1957), R v  Diminished responsibility Sullivan (1984), R v Burgess (1991), R v Codere (1916).  Loss of control Meaning of diminished responsibility (see above). Meaning of  Automatism ‘loss of control’ (see above). Meaning of automatism: elements  Intoxication including: external factor, involuntary conduct, lack of fault on D’s part; relevant case law including: Hill v Baxter (1958), Bratty  Mistake v A-G for Northern Ireland (1963), R v Quick (1973), R v Bailey  Duress (1983). Meaning of intoxication; voluntary and involuntary  Defence of: intoxication; dangerous and non-dangerous intoxicants; o Self relevance to crimes of basic and specific intent, ‘Dutch courage’ o Others rule; relevant case law including: DPP v Majewski (1977), A-G for Northern Ireland v Gallagher (1963), R v Kingston (1995), o Property Meaning of mistake; need for mistake to be honest; interaction with other defences; relevant case law including: DPP v Morgan (1976), R v Williams (Gladstone) (1984), Jaggard v Dickinson (1981), R v O’Grady (1987). Differing requirements for defences of duress by threats and duress of circumstances; limitations on the availability of these defences; relevant case law including: R v Graham (1982), R v Howe (1987), R v Hasan (2005), R v Martin (1989), R v Pommell (1995). Public and private defence: s76 Criminal Justice and Immigration Act 2008; response to actual or perceived threat; meaning of reasonable force; need for proportionality; relevant case law including: Beckford v R (1988), R v Williams (Gladstone) (1984), R v Clegg (1995), R v Martin (2001).

6. Understand how to apply Criminal Law 6.1 Apply Criminal Law to a given situation 6.1 Application of the law to a scenario.

Additional information about the unit Unit aim(s) The learner will understand key concepts, terms and processes in the Law of Crime Name of the organisation submitting the unit CILEx (The Chartered Institute of Legal Executives) Availability for use Only available to owning awarding body Availability for delivery 1 September 2016

Tech Level Unit

Title: LAND AND PROPERTY LAW

Level: Level 3

Credit Value: 10

Guided Learning 60 Hours

Learning outcomes Assessment criteria Knowledge, understanding and skills

The learner will: The learner can: 1. Understand the concepts of property 1.1 Explain the concept of property: 1.1 The characteristics of real property and personal property: and land  real property s205(1)(xx) Law of Property Act 1925.  personal property 1.2 The meaning of Land and extent of ownership as defined by 1.2 Explain what is meant by land Parliament: s205(1)(ix) Law of Property Act 1925, s1 Interpretation Act 1978, Civil Aviation Act 1982 and by the courts: Bernstein v Skyviews (1978), Anchor Brewhouse Developments v Berkley House (Docklands) Developments (1987).

2. Understand how land may be held and 2.1 Explain how land may be held: 2.1 The legal estates in land, meaning of fee simple absolute in about land transactions  Freehold possession and term of years absolute. s1(1) Law of Property  Leasehold Act 1925.

2.2 Distinguish between and explain: 2.2 The 5 legal interests in land, s1(2) Law of Property Act 1925,  Legal interests equitable rights under s1(3) Law of Property Act 1925.  Equitable rights 2.3 The characteristics of the joint tenancy and the tenancy in 2.3 Explain how land can be held by more than common: the four unities, survivorship rights and severance. one person: The advantages and disadvantages of the joint tenancy  Joint tenancy compared to the tenancy in common.

 Tenancy in common

2.4 Explain the role of trusts in land transactions 2.4 The separation between legal and equitable ownership of land. The role of the trustees and beneficiaries of the trust of land, s1 The Trusts of Land and Appointment of Trustees Act 1996. Overreaching s2(1) Law of Property act 1925

2.5. Explain what is meant by conveyancing 2.5 Sale and purchase of land, freehold and leasehold, residential, mortgages 2.6 Outline the stages of a conveyance:  Subject to contract 2.6 Pre-contract stage; instructions, draft contract, pre-contract  Exchange of contracts searches and enquiries, mortgage offer. Types of exchange,  Before completion Law society formulae A, B & C, types of deposits, agent or  Post completion stakeholder. Pre-completion searches; form OS1, bankruptcy search, form K16, standard form completion information and undertakings form (TA13), drafting and execution of TR1 and mortgage deed. SDLT, registration of title, Land Registration Act 2002 2.7 Identify the elements covered by a land 2.7 Tangible and intangible rights; ‘Fixtures’ and ‘Chattels’ (Fittings) transaction and tests for distinction through cases: Holland v Hodgson (1872), Leigh v Taylor (1902), D’Eyncourt v Gregory (1866), Botham v TSB Bank plc (1996).

2.8 Explain the legal requirements for a land 2.8 s2 Law of Property (Miscellaneous Provisions) Act 1989; transaction contract for sale of land. s1 Law of Property (Miscellaneous Provisions) Act 1989; transfer deed 3. Understand the difference between 3.1 Explain what is meant by: 3.1 Distinguish between registered and unregistered land, title registered and unregistered land  Registered land deeds and good root of title, creation of system of registered transactions and how the registered  Unregistered land land land system operates 3.2 Explain the advantages of land registration 3.2 Protection of interests of: legal owners; third party rights and any equitable interests that may be applicable; Land Registration Act 2002.

3.3 Explain the contents of the Land Register 3.3 Major principles; mirror, curtain, insurance. Contents of the and its practical advantages Official copy, the 3 registers, advantages of the system.

3.4 Explain the meaning of ‘Title’ 3.4 Types of registered title; absolute, qualified, possessory and good leasehold, for both freehold and leasehold land 3.5 Explain the types of interests that can be 3.5 Types of interest show on the register; notices and restrictions, protected interests that override registration, Schedules 1 and 3 Land Registration Act 2002. 3.6 Explain what is meant by compulsory land 3.6 Compulsory requirements for land registration from 1990 as registration extended from 1998 and now under Land Registration Act 2002. 4. Understand what is meant by an 4.1 Define what is meant by an easement 4.1 3rd party rights over another’s land, right to do something over easement another’s land 4.2 Identify the main features of an easement 4.2 4 characteristics of an easement, rules in Re Ellenborough Park (1956), case law; Hill v Tupper (1863), Moody v Steggles (1879), Re Aldred’s Case (1610), Copeland v Greenhalf (1952), London & Blenheim Estates v Ladbroke Retail Parks Ltd (1992)

4.3 Explain how easements are created 4.3 Legal and equitable easements; distinction between grant and reservation; methods of creation: express grant and reservation by deed; implied grant and reservation by necessity; common intention; implied grant by: the rule in Wheeldon v Burrows (1879); s62 Law of Property Act 1925; prescription. Easements as an overriding interest in registered land. Profits and acquisition of profits.

4.4 Explain how easements are discharged 4.4 Statute, unity of ownership and possession: release: express by deed or implied eg by intentional abandonment. 5. Understand what is meant by a 5.1 Define what is meant by a covenant 5.1 Legally binding obligation between freehold landowners forming covenant and its effect interest in land 5.2 Explain the distinction between: 5.2 Restrictive; obligation to refrain from an action by a landowner,  Restrictive covenants Positive; obligation to do some positive act or expend money by  Positive covenants a landowner 5.3 Explain the conditions relating to how 5.3 Enforcement in common law and equity, benefit and burden in covenants may be enforced both common law and equity, cases; Smith & Snipes Hall Farm Ltd v River Douglas Catchment Board (1949), Austerberry v Oldham Corporation (1885), Rogers v Hosegood (1900), Tulk v Moxhay (1848), Halsall v Brizell (1957). 5.4 Explain how restrictive covenants may be 5.4 Order of Upper Tribunal(Lands Chamber); or deed of release or modified or discharged variation, or implied release by: change in neighbourhood (Chatsworth Estates v Fewell (1931)) or acquiescence in breach

(Shaw v Applegate (1977)); or merger

6. Understand what is meant by a 6.1 Define what is meant by a mortgage 6.1 Security for money lent, right over borrowers land to enforce mortgage payment.

6.2 Distinguish between legal and equitable 6.2 s52 Law of Property Act 1925, need for deed, lack of formalities, mortgages need for writing; s2 Law of Property (Miscellaneous Provisions Act) 1989

6.3 Describe how to create: 6.3 Charge by way of legal mortgage, mortgage by demise, informal  a legal mortgage mortgage of legal estate, equitable charge.  an equitable mortgage

6.4 Distinguish between the main types of 6.4 Repayment, endowment, outline of other types. mortgage available

6.5 Explain the rights of the mortgagee and 6.5 Equity of redemption; invalid fetters (clogs) on the equity of remedies on mortgagor's default redemption eg: undue postponement of redemption. Remedies of the mortgagee: possession, sale and duties on sale, appointment of receiver, action in debt, and, in outline only, foreclosure.

7. Understand how to apply Land and 7.1 Apply Land and Property Law to a given 7.1 Application of above principles to a scenario. Property Law situation

Additional information about the unit Unit aim(s) The learner will understand key concepts, terms and processes in the area of Land and Property Law Name of the organisation submitting the unit CILEx (The Chartered Institute of Legal Executives) Availability for use Only available to owning awarding body Availability for delivery 1 September 2016