AQA A level Law Paper 2 Tort
Barristers - ANS-Self-Employed
Briefed through a solicitor
Right of target audience in court to symbolize purchaser
Drafts criminal documents for court docket
Breach of Duty - ANS-Blyth v Birmingham Water Works
'omitting to do some thing a reasonable guy could do, or doing some thing an affordable man
wouldn't do'
Professionals judged at the requirements of professionals
Learner motive force - Nettleship v Weston
Child judged on the standards of a baby (Mullin v Richards)
Burden - ANS-Proving defendant is liable is on the claimant
Civil Court - ANS-For family laws and disputes. Non-crook count
Civil courts and other forms of dispute resolution - ANS-
Codification - ANS-Reviewing all the law on one subject matter and creating a whole code of
law
Consolidation - ANS-Draw all existing provisions in an area of regulation into one Act. Simply
brought together
Damage - ANS-Damage ought to be:
- Caused by means of breach (causation - But For)
- Not too far off from breach - Foreseeable (Wagon Mound)
Chain response want no longer be foreseeable
Extent of harm
Thin Skull rule
Defence - ANS-Blameworthiness
Doctrine of Parliament Supremacy - ANS-Parliament has the proper to make or unmake any
regulation. No one can override it.
Fair just and reasonable - ANS-Restrict imposition of a duty, imposition may location
unreasonable burden on operations or finances of public carrier, or open floodgate of claims
Fault - ANS-Required in:
Negligence
Occupiers' legal responsibility
Psychiatric harm
Pure monetary loss as a result of negligent misstatement
Not required:
Nuisance
Barristers - ANS-Self-Employed
Briefed through a solicitor
Right of target audience in court to symbolize purchaser
Drafts criminal documents for court docket
Breach of Duty - ANS-Blyth v Birmingham Water Works
'omitting to do some thing a reasonable guy could do, or doing some thing an affordable man
wouldn't do'
Professionals judged at the requirements of professionals
Learner motive force - Nettleship v Weston
Child judged on the standards of a baby (Mullin v Richards)
Burden - ANS-Proving defendant is liable is on the claimant
Civil Court - ANS-For family laws and disputes. Non-crook count
Civil courts and other forms of dispute resolution - ANS-
Codification - ANS-Reviewing all the law on one subject matter and creating a whole code of
law
Consolidation - ANS-Draw all existing provisions in an area of regulation into one Act. Simply
brought together
Damage - ANS-Damage ought to be:
- Caused by means of breach (causation - But For)
- Not too far off from breach - Foreseeable (Wagon Mound)
Chain response want no longer be foreseeable
Extent of harm
Thin Skull rule
Defence - ANS-Blameworthiness
Doctrine of Parliament Supremacy - ANS-Parliament has the proper to make or unmake any
regulation. No one can override it.
Fair just and reasonable - ANS-Restrict imposition of a duty, imposition may location
unreasonable burden on operations or finances of public carrier, or open floodgate of claims
Fault - ANS-Required in:
Negligence
Occupiers' legal responsibility
Psychiatric harm
Pure monetary loss as a result of negligent misstatement
Not required:
Nuisance
