General Certificate of EducationAdvanced Subsidiary ExaminationJune 2011
Unit 2 The Concept of Liability Wednesday 25 May 2011 1.30 pm to 3.00 pm For this paper you must have: z an AQA 12-page answer book. Time allowed z 1 hour 30 minutes Instructions z Use black ink or black ball-point pen.
z Write the information required on the front of your answer book. The Examining Body for this
paper is AQA. The Paper Reference is LAW02.
z Answer questions on two scenarios.
z Answer all questions on Scenario 1 (Section A), and choose either Scenario 2 (Section B) or
Scenario 3 (Section C) and answer all questions on the scenario you choose.
z Do all rough work in your answer book. Cross through any work you do not want to be marked.
z Use continuous prose. Give reasoned answers. Where appropriate, make reference to cases,
Information z The marks for questions are shown in brackets.
z The maximum mark for this paper is 94.
z In questions 0 1 and 1 8 , two marks will be awarded for Assessment
Objective Three (AO3), and so you will be marked on your ability to:
– use good English – organise information clearly – use specialist vocabulary where appropriate. Section A Introduction to Criminal Liability
Answer all questions on Scenario 1.
Use continuous prose. Give reasoned answers. Where appropriate, make reference to
Total for this scenario: 45 marks + 2 marks for AO3 Scenario 1
Zoe and Yasmin were both members of the same athletics club and competed in the same event. Zoe was furious that Yasmin was a better athlete than her. Zoe decided to injure Yasmin so that she would not be able to compete in the next club championship. As they returned from a training run, Zoe tripped Yasmin who fell down the steps leading to the changing room. Yasmin suffered minor bruising. However, as she fell, she knocked over Xin who fell awkwardly, fracturing his skull. Subsequent poor medical treatment left Xin with brain damage. Actus reus may depend on proof of an act, causation and a criminal consequence. Mens rea is also required for criminal liability, but there is an exception where the offence is one of strict liability.
Explain the meaning of ‘mens rea ’.
Brie y explain the meaning of, and reasons for, strict liability. Refer to Scenario 1 when answering the remaining questions in this section.
Discuss the criminal liability of Zoe with respect to the injuries caused to Yasmin.
Explain the principle of transferred malice and discuss how this principle would apply to Zoe for the injuries suffered by Xin.
Outline the rules on causation and discuss whether Zoe caused Xin’s brain damage.
Outline the procedure that would be followed if Zoe were charged with an indictable only offence.
Outline the range of sentences available to the court if Zoe were to be convicted.
Choose either Scenario 2 (Section B) or Scenario 3 (Section C) and answer all questions on the Section B Introduction to Tort
Use continuous prose. Give reasoned answers. Where appropriate, make reference to
Total for this scenario: 45 marks + 2 marks for AO3 Scenario 2
Robyn fitted a handrail over the bath for Elsie, her elderly and very overweight aunt. A few days later, when Elsie was getting out of the bath, the handrail came away from the wall. Elsie fell backwards into the bath and suffered severe head injuries. If this matter were to be taken to court, it is estimated that a successful claim in negligence would result in damages exceeding £100 000, excluding the minor damage to the bathroom.
Negligence requires proof of duty of care, breach of duty and damage.
Explain how the law decides whether a duty of care is owed in negligence.
Breach of duty requires the claimant to prove that the defendant has fallen below the standard of care of the reasonable man. That standard is assessed by taking into account one or more of the risk factors.
Brie y explain three risk factors.
Brie y explain the principle of res ipsa loquitur and how it applies in negligence cases. Refer to Scenario 2 when answering the remaining questions in this section.
Discuss whether Robyn owed a duty of care to Elsie.
Assuming that Robyn owed a duty of care to Elsie, discuss whether she was in breach of that duty.
Outline the three-track case management system used in the civil courts and brie y explain which track is most likely to be used in any claim that Elsie could make against Robyn.
Assuming that Robyn were found liable in negligence, explain how the court would calculate an award of damages to Elsie. Turn over for the next section Turn over 8
Choose either Scenario 2 (Section B) or Scenario 3 (Section C) and answer all questions on the Section C Introduction to Contract
Use continuous prose. Give reasoned answers. Where appropriate, make reference to
Total for this scenario: 45 marks + 2 marks for AO3 Scenario 3
Ian, a club owner, e-mailed Jay, a singer, to arrange for him to perform at his club. Jay replied by e-mail, indicating that his fee would be £500. Ian thought that this was too much. He e-mailed back asking whether the fee would be lower if Jay used the club sound system. Jay replied, saying his fee would be slightly less. Ian did nothing for two weeks until Jay released a CD which became an immediate hit. Realising the performance would now sell out, Ian immediately e-mailed Jay, stating that he would pay £500 and suggesting a range of dates for the performance. Jay replied, saying that his fee was now £2000.
A valid contract requires an offer, acceptance, an intention to create legal relations and consideration.
Explain the differences between an offer and an invitation to treat.
Brie y explain any three ways in which an offer may come to an end.
Outline the law relating to the different ways of communicating acceptance. Refer to Scenario 3 when answering the remaining questions in this section.
Discuss whether there is a contract between Ian and Jay.
Explain what is meant by consideration and how it would apply if the court decided that there was a contract between Ian and Jay.
Outline the three-track case management system used in the civil courts and brie y explain which track is most likely to be used in any claim that Ian could make against Jay.
If Jay were to be in breach of contract, explain how the court would calculate an award of damages to Ian. END OF QUESTIONS
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