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Scheme of Work

Cambridge International AS & A LevelLaw

9084For examination until 2016

Contents

Contents....................................................................................................................................................................................................... 2Introduction................................................................................................................................................................................................... 3Papers 1 and 2: Unit 1 – Sources of law...................................................................................................................................................... 6Papers 1 and 2: Unit 2 – Machinery of justice............................................................................................................................................11Papers 1 and 2: Unit 3 – Legal personnel.................................................................................................................................................. 14Paper 3: Unit 1 – Formation of valid contracts........................................................................................................................................... 16Paper 3: Unit 2 – Contents of contracts......................................................................................................................................................20Paper 3: Unit 3 – Vitiating factors............................................................................................................................................................... 22Paper 3: Unit 4 – Remedies for breach...................................................................................................................................................... 24Paper 4: Unit 5 – Negligence and occupier’s liability..................................................................................................................................26Paper 4: Unit 6 – Private nuisance and Rylands v Fletcher.......................................................................................................................31Paper 4: Unit 7 - Trespass..........................................................................................................................................................................33Paper 4: Unit 8 - Remedies........................................................................................................................................................................ 36

Cambridge International AS & A Level Law (9084) – from 2016 Scheme of Work

Introduction

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 knowledgeCandidates beginning the course are not expected to have studied law previously.

OutlineClass 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 orderNo 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 allocationNo 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 objectivesCandidates 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.

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Teacher supportTeacher 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

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

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

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

Online resourceswww.tutor2u.net general resource on AS/A Level studywww.hmcourts-service.gov.uk detail on the court systemwww.parliament.uk information and resources on Parliamentwww.parliament.uk/education educational resources on Parliamenthttp://magazines.philipallan.co.uk/Magazines/A-Level-Law-Review.aspx magazine for A Level studentswww.amnesty.org.uk resources on suspects’ rightshttps://www.gov.uk/ general legal informationhttp://lawcommission.justice.gov.uk/ Law commission website, law reformwww.bbc.co.uk relevant news stories, some educational content on courts, legal profession, etc.www.justice.gov.uk Ministry of Justicewww.hmcourts-service.gov.uk information on courts and judiciarywww.adviceguide.org.uk general legal advicewww.justice.gov.uk/tribunals/employment employment tribunals

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http://www.justice.gov.uk/tribunals/employment

http://www.adviceguide.org.uk/

http://www.hmcourts-service.gov.uk/

http://www.justice.gov.uk/

http://www.bbc.co.uk/

http://lawcommission.justice.gov.uk/

https://www.gov.uk/

http://www.amnesty.org.uk/

http://magazines.philipallan.co.uk/Magazines/A-Level-Law-Review.aspx

http://www.parliament.uk/education

http://www.parliament.uk/

http://www.hmcourts-service.gov.uk/

http://www.tutor2u.net/

http://www.openoffice.org/

http://teachers.cie.org.uk/



www.acas.org.uk acashttp://ybtj.justice.gov.uk/ criminal justice resourceswww.homeoffice.gov.uk/police police resourceswww.justice.gov.uk information on the legal system, news stories, etc.www.thelawyer.com legal professionwww.lawsociety.org.uk solicitorswww.barcouncil.org.uk barristerswww.judiciary.gov.uk judgeswww.cps.gov.uk Crown Prosecution Servicewww.magistrates-association.org.uk Magistrateshttp://sentencingcouncil.judiciary.gov.uk/ sentencinghttp://ybtj.justice.gov.uk/ sentencinghttp://sentencingcouncil.judiciary.gov.uk/ sentencing

ResourcesThe up-to-date resource list for this syllabus, including textbooks endorsed by Cambridge, is listed at www.cie.org.uk Endorsed textbooks have been written to beclosely aligned to the syllabus they support, and have been through a detailed quality assurance process. As such, all textbooks endorsed by Cambridge for thissyllabus are the ideal resource to be used alongside this scheme of work as they cover each learning objective.

Teacher supportTeacher Support https://teachers.cie.org.uk is a secure online resource bank and community forum for Cambridge teachers, 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. This scheme of work is available as PDF and an editable version in Microsoft Word format; both are available on Teacher Support at https://teachers.cie.org.uk If you are unable to use Microsoft Word you can download Open Office free of charge from www.openoffice.org .

WebsitesThis scheme of work includes website links providing direct access to internet resources. Cambridge International Examinations is not responsible for the accuracy or content of information contained in these sites. The inclusion of a link to an external website should not be understood to be an endorsement of that website or the site's owners (or their products/services).

The website pages referenced in this scheme of work were selected when the scheme of work was produced. Other aspects of the sites were not checked and only the particular resources are recommended.

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http://www.openoffice.org/

https://teachers.cie.org.uk./

https://teachers.cie.org.uk/

http://sentencingcouncil.judiciary.gov.uk/

http://ybtj.justice.gov.uk/


http://www.magistrates-association.org.uk/

http://www.cps.gov.uk/

http://www.judiciary.gov.uk/

http://www.barcouncil.org.uk/

http://www.lawsociety.org.uk/

http://www.thelawyer.com/


http://www.homeoffice.gov.uk/police


http://www.acas.org.uk/


Papers 1 and 2: Unit 1 – Sources of law

Syllabus ref Learning objectives Suggested teaching activities

1.1 Nature and classification of law Comparison of

law, rules and morals.

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.

Appreciate the differences between civil and criminal liability.Class activity Worksheets based on news items where students can identify civil and criminal terms and identify the types of liability and courts and processes used.

Local newspapers as available or UK newspapers online such as www.theguardian.com and www.telegraph.co.uk

1.2 Common Law and Equity The

development of the Common Law of England and Wales; Custom.

Historical overview charting the development of law from customary law to the creation of common law and the development of equity in response to societal problems. Awareness of remedies, maxims and equitable concept.Class activity A series of mini case studies where learners can identify the appropriate remedy/maxim/ concept etc.Use of appropriate case example to illustrate these concepts. Learners should seek out modern day applications where possible.

Textbooks such as Elliott & Quinn

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http://www.telegraph.co.uk/

http://www.theguardian.com/



Historical development of Equity and its modern day applications.

1.3 Doctrine of precedent The doctrine of

Stare Decisis. Judicial tools:

distinguishing, overruling, reversing.

Nature and authority of precedent with examples. Hierarchy of courts.

Development of doctrine within House of Lords (Practice Statement 1966) and Court of Appeal (Young’s case).

Advantages and disadvantages.

Understand the technical terminology in this area, historical development and concept of precedent.Appreciate the relevance of the hierarchy of the courts. Case notes on illustrative cases concerning the position of the Court of Appeal and Supreme Court.Class activity Classroom discussion on the advantages and disadvantages of such a system.

www.tutor2u.nethttp://www.justice.gov.uk/about/hmcts/

1.4 Legislation Be able to identify the role and method of legislative law making. www.parliament.uk

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http://www.justice.gov.uk/about/hmcts/




Why legislation is necessary (to amend or repeal existing legislation, to change or add to the common law, to codify or to consolidate law). Examples of use in each case.

The legislative process.

Understand and be able to explain appropriate terminology.Class activity Learners create a diagram of the legislative process with appropriate commentary.

http://www.parliament.uk/education/

1.5 Statutory interpretation (SI) The role of the

judiciary as interpreters of statutes (Acts of Parliament).

Common law rules of interpretation, rules of language, presumptions, intrinsic and extrinsic aids (in

Discover the definition and function of the various approaches and tools of SI.Understand the problems with the approaches and how Judges approach the issues.Class activity Learners create factsheet on each approach for use in revision. Include problems and advantages.Use cards to attempt past paper questions as groups.Complete research exercises on rules of language and presumptions.Research and report back to class on use of Hansard. Use information 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.


Textbooks such as Elliott & Quinn

Past papers and mark schemes from http://teachers.cie.org.uk

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particular, Hansard and Pepper v. Hart).

1.6 Delegated legislation The meaning of

and reasons for delegated legislation. Importance and reasons for it as a source of law. Types of delegated legislation.

Controls: pre-drafting consultation, parliamentary proceedings, judicial review and publicity.

Explanation of what DL is, why it is needed and how it is created.Understand the need for controls and be able to describe the control processes. List the essential facts concerning DL.Understand how this material may be tested in examination.Class activity Learners complete a factsheet explanation of each type of DL, why it is needed and the available controls. This should also include evaluative commentary.

Textbooks such as Elliott & QuinnPast papers and mark schemes from http://teachers.cie.org.uk

1.7 Human Rights Introduction to

Human Rights. European

Convention on Human Rights; reasons for and application of

Explanation of historical background to current legislation and issues. European Convention and ECHR. Evaluation of effectiveness of legislation and examination of current and relevant case law.Class activity Research into current cases of note.

www.amnesty.org.ukhttps://www.gov.uk/

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https://www.gov.uk/




Human Rights Act 1998; role of European Court of Human Rights.

1.8 Law reform Impetus for

reform: role of Parliament and judges; effect of public opinion and pressure groups.

Agencies of reform: role of Law Commission; Royal Commissions and other agencies in outline.

Discussion of reasons for law reform, pressure groups, political influence, public opinion.Law reform agencies, historical development and current role.Class activity Learners select an area of proposed law reform and plan a campaign.

http://lawcommission.justice.gov.uk/www.bbc.co.uk

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Papers 1 and 2: Unit 2 – Machinery of justice


2.1 Civil courts Jurisdiction of

Magistrates Courts, County Court, Crown Court and High Court.

The Appeal Courts and appeals system in general, including the appellate jurisdiction of the Divisional Courts within the High Court.

Overview of jurisdiction of civil courts, role and function.Class activity Learners prepare presentations on each court.Appeals system and appeals courts, grounds for appeal and pathways.Class activity Learners prepare flow charts showing pathways and grounds.

http://www.justice.gov.uk/http://www.justice.gov.uk/about/hmcts/www.adviceguide.org.uk

2.2 Alternative methods of dispute resolution Tribunals,

enquiries, conciliation and arbitration.

Reasons for establishment; functions;

Explanation of role and function of tribunals, enquiries, conciliation and arbitration, critical analysis and controls.Class activity Practice with past paper questions and mark schemes.

http://www.justice.gov.uk/about/hmctswww.employmenttribunals.gov.ukwww.acas.org.uk

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http://www.justice.gov.uk/about/hmcts

http://www.justice.gov.uk/about/hmcts






respective advantages and disadvantages.

Control of tribunals.

2.3 Criminal process Police powers:

PACE – stop and search; arrest; detention and treatment of suspects at police station.

Right to silence. Pre trial

matters: bail, mode of trial, committal proceedings.

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

http://ybtj.justice.gov.uk/www.adviceguide.org.ukhttp://www.homeoffice.gov.uk/police/

2.4 Criminal courts Role and

jurisdiction of Magistrates and Crown Courts.

The Appeal Courts and appeals system in general,

Overview of jurisdiction of criminal courts, role and function.Class activity Learners prepare presentations on each court.Appeals system and appeals courts, grounds for appeal and pathways.Class activity Learners prepare flow charts showing pathways and grounds.

http://ybtj.justice.gov.uk/http://www.justice.gov.uk/

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http://www.homeoffice.gov.uk/police/

http://www.homeoffice.gov.uk/police/

http://www.adviceguide.org.uk/





including appeals to the Divisional Court, Court of Appeal and House of Lords.

2.5 Sentencing principles and sanctions of courts Aims of

sentencing; purpose and effect of sentences.

Types of sentence: custodial, community, fines and discharge, compensation, other powers.

Young offenders.

Discuss aims of sentencing, illustrating each aim with an appropriate sentence. Explain the range of sentences available for both adult and young offenders.Class activity Learners create a series of revision cards/factsheets on each type of sentence adding relevant detail on aims of sentencing where appropriate.

http://sentencingcouncil.judiciary.gov.ukhttp://ybtj.justice.gov.uk/http://sentencingcouncil.judiciary.gov.uk/

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Papers 1 and 2: Unit 3 – Legal personnel


3.1 Barristers and solicitors Independence;

role; recruitment.

Overlap of roles.

Explain the differing training and roles of barristers and solicitors and the concept of independence. Discussion on the overlap between the professions.Class activity Learners prepare letters of advice to learners wishing to enter the legal professions, covering the above issues.

www.justice.gov.ukwww.thelawyer.comwww.lawsociety.org.ukwww.barcouncil.org.uk

3.2 The judiciary Role;

recruitment and dismissal; training and education.

Judicial independence.

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

www.judiciary.gov.uk

3.3 The Crown Prosecution Service Function of the

service.

Discussion of the role and function of the Crown Prosecution 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.

www.cps.gov.uk

3.4 Role of lay personnel Magistrates:

Explanation of the Magistracy, their selection, qualification, training and role in both civil and criminal courts. Discussion on the effectiveness of the

www.magistrates-association.org.uk

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qualifications; selection; training; function in civil and criminal cases; advantages and disadvantages; role of Magistrates’ Clerk.

Juries: qualifications; role in civil and criminal cases.

Alternatives to use of juries.

Criticism of the use of lay personnel.

Magistracy.Class activity Mini case studies advising individuals whether or not they would be able to become a Magistrate.Explanation of the role, selection and qualification of Jury members.Discussion of the effectiveness of the jury and examination of alternative methods of decision making in the courts.Class activity Use of Cambridge past paper questions and mark schemes to construct appropriately analytical answers.Class activity Debate on whether it is appropriate to use laymen in the English Legal System.

https://www.gov.uk/

3.5 Lord Chancellor Appointment;

role.

Discussion on the appointment, role and function of the Lord Chancellor. www.parliament.uk

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https://www.gov.uk/


Paper 3: Unit 1 – Formation of valid contracts


1.1 Nature of contract Agreement;

unilateral; bilateral; collateral.

What is a contract? Teacher-led introduction to provide context on basic principles 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)

Research activity – learner presentations about contracts which 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.

www.bailii.org

www.weblaw.co.uk/articles/how-to-contract-online/

1.2 Offer and acceptance Principles and

evidence: offers; invitation to treat; counter offers; requests for information; termination; acceptance.

What is an offer? Research activity – think about different ways in which an offer can be

made and the factors which are important – make a list of as many factors as possible and then discuss them in a group. (I) (W)

How is an invitation to treat different? Look at the website opposite. Make a presentation on the different

situations where an invitation to treat is used and the reasons for the concept. (G)

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?

http://news.bbc.co.uk/1/hi/business/441740.stm

http://www.e-lawresources.co.uk/Offer-and-acceptance-contract.php

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http://www.bailii.org/



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 Reason for

requirement; presumption and rebuttal in commercial and social/domestic agreements.

What is an intention to create legal relations? Teacher led introduction dealing with basic principles and the relationship

between policy, presumption and rebuttals. Why is it necessary? Research task – using the website opposite make summaries of the 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

assess which is the most convincing. (W) 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

www.e-lawresources.co.uk/Intention-to-create-legal-relations.phpwww.bailii.org

http://www.insitelawmagazine.com/ch2intention.htm

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http://www.e-lawresources.co.uk/Intention-to-create-legal-relations.php





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 Nature and

function; sufficiency/adequacy, past, performance of existing duties; promissory estoppel.

What is consideration? Teacher-led introduction on key aspects of this topic and the idea of

consideration as a ‘badge of enforceability’.When is consideration adequate or sufficient? 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 Case (1602) and exceptions. (I)

What is past consideration? Research activity – write a summary of the facts and legal principle in 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)

www.e-lawresources.co.uk/Pao-on-v-Lau-Yiu-Long.php

http://www.insitelawmagazine.com/ch5consideration.htm

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http://www.e-lawresources.co.uk/Pao-on-v-Lau-Yiu-Long.php

http://www.e-lawresources.co.uk/Pao-on-v-Lau-Yiu-Long.php





1.5 Capacity Reason for

limitation. Minors’

contracts: necessaries; employment and training; continuing obligations; main provisions of Minors’ Act 1987.

Corporations, Persons of unsound mind, drunkards: a basic outline.

Why is capacity important? Teacher information on basic principles and particular groups affected by

capacity. Discussion – Why is capacity so important from both a moral and legal

perspective? (W)Situation with regard to minors Research – make a chart of the restrictions placed on a minor’s capacity to

make a contract. Use the two websites opposite as a starting point. (I)Situation with regard to corporations, those of unsound mind and drunkards 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)


http://en.wikipedia.org/wiki/Capacity_in_English_lawwww.inbrief.co.uk/contract-law/capacity-in-contract-law.htm

http://www2.accaglobal.com/pubs/students/publications/student_accountant/archive/sa_sep08_koh.pdf

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http://www.inbrief.co.uk/contract-law/capacity-in-contract-law.htm

http://www.inbrief.co.uk/contract-law/capacity-in-contract-law.htm

http://en.wikipedia.org/wiki/Capacity_in_English_law

http://en.wikipedia.org/wiki/Capacity_in_English_law


Paper 3: Unit 2 – Contents of contracts


2.1 Types of term Express; implied

(by statute only: Sale of Goods Act 1979 as amended).

Learners need to understand the basic principles involved and their importance to the law of contract. This is best achieved by a teacher-led introduction to provide context.

Discussion based on learner experiences of making a contract – perhaps to buy food or clothing. Use the website opposite to help you use the correct terms in your discussion. (W)

Research activity – learner presentations about contracts which affect our lives – buying basic essentials contrasted with other goods such as mobile phone contracts. In small groups look at different kinds of contracts and then report back to the whole group on points of similarity and difference. The websites opposite offer some suggestions but a whole range of 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 website opposite to help summarise the key terms. (I)

Using the website opposite construct some scenarios which cover the provisions of the SGA. (I) Learners work with a group to work out the best answer to the issues in the scenarios which have been constructed. (G)

Research activity – learners choose a product and then make a contract using the website opposite.

www.tutor2u.net/law/notes/contract-express-implied-terms.html

http://uk.blackberry.com/www.bookshop.blackwell.co.uk , www.marksandspencer.com

http://www.legislation.gov.uk/ukpga/1979/54http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act/http://www.which.co.uk/consumer-rights/problem/what-do-i-do-if-i-have-a-faulty-product/

2.2 Status of terms Conditions,

Teacher-led discussion on the historical development from conditions and warranties to innominate terms to provide context.

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http://www.which.co.uk/consumer-rights/problem/what-do-i-do-if-i-have-a-faulty-product/



http://www.which.co.uk/consumer-rights/regulation/sale-of-goods-act/



http://www.legislation.gov.uk/ukpga/1979/54


http://www.marksandspencer.com/

http://www.bookshop.blackwell.co.uk/

http://uk.blackberry.com/

http://www.tutor2u.net/law/notes/contract-express-implied-terms.html





warranties, innominate terms

Nature; examples; effects of breach

Learners write a summary of the judgement in Hong Kong Fir v Kawasaki (1961) using the website opposite. (I)

Learners construct a flow chart to illustrate the decision making process for categorisation of a term. Use the website opposite to highlight the key cases which need to be summarised on the chart. (I)


www.bailii.org/ew/cases/EWCA/Civ/1961/7.html

2.3 Control of exemption clauses Common law: rules

of incorporation; contra preferentem.

Statutory: Unfair Contract Terms Act 1977; Unfair Terms in Consumer Contracts Regulations 1999.

Teacher-led introduction to give context as to importance, and use, of exemption clauses.

Research activity – learners make a mind map to illustrate the common law rules in this area, including summaries of the cases indicated in the website opposite. (I)

In pairs, learners summarise the key provisions of the UCTA 1977 using the website opposite. (G) Then make a presentation on what they find to the whole group. (W)

Learners use the website opposite to write a revision summary of the Unfair Terms in Consumer Contract Regulations 1999. (I)

Revision exercise – learners make a revision mind map to cover the key areas of exclusion clauses. (I)

Class activity – to see the impact this law has on many aspects of life, learners work in small groups to look at different examples of contracts and then discuss their findings as a group.

Essay – To what extent do the UTCCR 1999 improve the law of contract for consumers? (I)


www.e-lawresources.co.uk/Unfair-terms---regulation-by-common-law.phphttp://www.legislation.gov.uk/ukpga/1977/50

http://www.legislation.gov.uk/uksi/1999/2083/contents/made

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http://www.e-lawresources.co.uk/Unfair-terms---regulation-by-common-law.php



http://www.bailii.org/ew/cases/EWCA/Civ/1961/7.html

http://www.bailii.org/ew/cases/EWCA/Civ/1961/7.html


Paper 3: Unit 3 – Vitiating factors


3.1 Vitiating factors Reasons;

invalidating effect.

Teacher-led introduction to give examples of vitiating factors and context. For example, mutual mistake or fraud can vitiate a contract.

3.2 Misrepresentation Definition; when

actionable

Types: innocent, negligent and fraudulent

Effects on validity of contract; remedies at Common Law, in Equity and by statute (Misrepresentation Act 1967).

This topic can be complex, it is easier if introduced to learners in smaller parts. The blog opposite has a number of examples of misrepresentation.

Learners make a summary of the key types of misrepresentation and the relevant cases given in the website opposite. (I)

Learners make a summary of the way remedies operate using the e-lawresources website. (I)

Learners make a summary of the key provisions of the Misrepresentation Act 1967 using the website opposite to help you. (I)

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)


http://www.englishlawlectures.blogspot.co.uk/2008/05/contract-law-vitiating-factors-1.html http://www.e-lawresources.co.uk/Misrepresentation.php

www.legislation.gov.uk/ukpga/1967/7

3.3 Mistake Teacher-led introduction to give examples and context.

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http://www.e-lawresources.co.uk/Misrepresentation.php



http://www.englishlawlectures.blogspot.co.uk/2008/05/contract-law-vitiating-factors-1.html





General rule and exceptions

Operative mistakes: common, mutual (cross purpose), unilateral.

Mistakenly signed documents; non est factum

Effect at Common Law and in Equity

Research activity – learners analyse the key points of Great Peace Shipping (2002) to chart the historical development of mistake, looking in particular at the role of both Common Law and Equity. (I)

Using the websites opposite, learners make a revision chart to explain and illustrate the different types of mistake which can impact on a contract. (I)

Discussion – What impact do the decisions in Solle v Butcher (1949) and Great Peace Shipping (2002) have on the current law and the doctrine of precedent? (W)

Research task – learners make a list of examples of non est factum, use the website opposite to give you terms of reference. (I)

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)


http://en.wikipedia.org/wiki/Mistake_(contract_law)

http://www.inbrief.co.uk/contract-law/mistakes-in-contracts.htm

www.gillhams.com/dictionary/300.cfm

3.4 Passing of title under void and voidable contracts. General rule Nemo Dat Rule;

sale under voidable title (Sale of Goods Act 1979 as amended).

Teacher-led introduction. Learner research – learners research the nemo dat rule using websites and

texts. (I) Using the website opposite, learners can make a list of examples when

voidable title can be passed under the SGA 1979. (G) 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)

http://www.legislation.gov.uk/ukpga/1979/54/section/23http://www.nadr.co.uk/articles/published/shipping/003CHAPTERTHREETRADE2.pdf

V2 23

http://www.nadr.co.uk/articles/published/shipping/003CHAPTERTHREETRADE2.pdf



http://www.legislation.gov.uk/ukpga/1979/54/section/23

http://www.legislation.gov.uk/ukpga/1979/54/section/23

http://www.gillhams.com/dictionary/300.cfm

http://www.gillhams.com/dictionary/300.cfm







V2 24


Paper 3: Unit 4 – Remedies for breach


4.1 Common Law remedies

Damages – nature and purpose

Mitigation and remoteness

Discussion – Why do we need remedies? What makes a good remedy? (W)

Teacher-led information on the range of Common Law remedies. Learners use the website opposite to develop their own materials. (I)

Summary activity – learners read the article in the website opposite and make a presentation to illustrate its key points. (I)

http://www.goldsmithibs.com/resources/free/Breach-of-Contract/notes/Breach-of-Contract-Remedies.pdf

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 to create different scenarios in which there might be a breach of 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 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)

http://www.contractsandagreements.co.uk/breach-of-contract.html

http://www.practicallaw.com/7-101-0603

4.2 Equitable Teacher-led information and link back to relevant material covered in earlier units.

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Specific performance, specific restitution, injunction

Nature and purpose

Limitations on awards in contract law

Provide the learners with a list of cases which deal with equitable remedies, the learners to write a short summary of each. (I)

Learners try the quiz in the website opposite. (I) (G) Discussion – To what extent are the present rules on the limitation of

awards in contract law effective and fair? (W) Learners make a revision mind map of this topic to help you learn the

material and the key cases. (I) Exam questions – both essay and hypothetical problem/case study


www.slideshare.net/TLHume/remedies-3703395

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http://www.slideshare.net/TLHume/remedies-3703395



Paper 4: Unit 5 – Negligence and occupier’s liability


5.1 Liability in negligence

Nature and justification

Personal liability

Vicarious liability

Joint tortfeasors

Discussion based on discovering the meaning of a ‘tort’ and the reasons why the law is active in this area. Develop this into discussion based on the idea of why it matters that those with responsibilities should discharge them properly by consideration of what happens when this does not occur. Consider the role of the law as an arbiter, enforcer and protector. (W)

Essay task – Why should I have a legal duty to another person? (I) Use this to explore ideas and to consolidate skills of essay writing so as to build a coherent and logical argument supported by factual knowledge.

Research task and presentation – What is meant by vicarious liability 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 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 medical services. Discuss how the law works and consider whether it is both fair and effective for all the parties concerned. (G)

Use examples pertinent to learners to explore negligence at its most basic level – use items in a local newspaper or local news website.

Access cases to show how the law works in the UK – introduce ideas found in Donoghue v Stevenson (1932) – www.bailii.org

www.unison.org.uk/healthcare/pages_view.asp?did=1183

5.2 Duty of care

Neighbour principle

Methods of

Learners read and summarise the article in the website opposite. Discuss – How far do you agree with the points it makes – What points of your own would you add? (I)

Learners make a timeline of all important cases such as Anns, Murphy, Caparo, Hill. Learners produce a synopsis of each case and show how the

www.leedsuniversityunion.org.uk/pageassets/clubsandsocieties/safety/dutycare.doc

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http://www.leedsuniversityunion.org.uk/pageassets/clubsandsocieties/safety/dutycare.doc



http://www.unison.org.uk/healthcare/pages_view.asp?did=1183

http://www.unison.org.uk/healthcare/pages_view.asp?did=1183




establishing duty

Negligent misstatement

Nervous shock

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

would be successful. Learners work with a partner and write down how they would defend the claim.

Quiz test – use key facts – this can take the form of a competition. (W) Exam questions – both essay and hypothetical problem/case study

questions can help learners to develop their skills. Teacher information of the specific area of negligent misstatement

– use Hedley Byrne v Heller (1963) as a starting point. Use the lawontheweb website to gain an overview of this area of law.

Learners make a group presentation to other learner groups. (G) Revision activity – learners make a mind map of the key elements in the

tort of negligent misstatement (the practicallaw website may be useful). Link each point to at least one relevant case.

Learners choose one case and using www.bailii.org write a summary of the facts and principles of law in the case, relating back to the wider points in the article they have read. Learners present findings to other learners. (I)

Teacher information on nervous shock – focus on types of victims and the evolution of the law – use Alcock v CC South Yorkshire (1991) as a starting point.

Learners use the cgqc website opposite to make a timeline using leading

http://www.pannone.com/solicitors-for-you/medical-negligence/medical-negligence-claims-and-compensation/making-a-claim

Overview: www.lawontheweb.co.uk/Negligent_MisstatementHedley Byrne v Heller (1963):

http://www.bailii.org/uk/cases/UKHL/1963/4.htmlhttp://swarb.co.uk/hedley-byrne-co-ltd-v-heller-partners-ltd-hl-1963/http://www.lawontheweb.co.uk/Negligent_Misstatement/Law_of_Negligent_MisstatementAn outline of the law of negligent misstatement:

http://uk.practicallaw.com/2-379-9503?q=Negligent+misstatement

V2 28




http://www.lawontheweb.co.uk/Negligent_Misstatement/Law_of_Negligent_Misstatement



http://swarb.co.uk/hedley-byrne-co-ltd-v-heller-partners-ltd-hl-1963/



http://www.bailii.org/uk/cases/UKHL/1963/4.html

http://www.bailii.org/uk/cases/UKHL/1963/4.html

http://www.lawontheweb.co.uk/Negligent_Misstatement

http://www.lawontheweb.co.uk/Negligent_Misstatement







cases to show how law has changed – learners do this in 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)


Alcock v CC South Yorkshire (1991):http://www.bailii.org/uk/cases/UKHL/1991/5.html

www.cgqc.com/art5.pdf

5.3 Breach of duty

Standard of care

Subjective considerations

Teacher-led information looking at developments via cases. Debate – What or who is a reasonable man? (G) Discussion – What is a reasonable standard of care? Think about

particular issues in relation to doctors. (W) 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.

Using the briefing opposite, learners explain the particular duties in relation to children and sport. Are these duties fair and are they enforceable? (W)


5.4 Causation ‘But for’ test;

foreseeability; intervening acts; remoteness.

Teacher-led information on basic tests. Learners prepare summaries on key cases such as the ones listed 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 their

own summary on its key facts for making your own presentation. (I) www.routledgelaw.com/textbooks/9780415458467/

V2 29

http://www.routledgelaw.com/textbooks/9780415458467/downloads/causation.ppt#263,8


http://www.cgqc.com/art5.pdf



downloads/causation.ppt#263,8,

5.5 Occupier’s liability Standards of

care. Lawful visitors: at

Common Law; by Statute (Occupier’s Liability Act 1957).

Unlawful visitors: at Common Law; by Statute (Occupier’s Liability Act 1984).

Exclusion of liability.

Look at the source of the modern law – OLA 1957. Learners summarise the main standards that this Act imposes using the

website opposite – learners should take care to note the sections and subsections accurately. (I)

Using the website opposite, learners write a summary on how the law in this area protects individuals – and consider the alternative argument that it does nothing to protect those who find themselves having to defend a claim. (G)

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. Using the website opposite learners write a summary of the main

standards that this Act imposes – learners should take care to note the 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)

www.legislation.gov.uk/ukpga/Eliz2/5-6/31/contents

www.minsterlaw.co.uk/our-services/personal-injury/slips-trips/

www.legislation.gov.uk/ukpga/1984/3

www.daisychaincompensationclaim.co.uk/occupiers-liability.htm

5.6 Defences Consent:

express/implied; knowledge of nature and extent.

Volenti non fit injuria: voluntary nature; effect of RTA 1988; rescue

Teacher-led discussion on the role of defences, their application and the principles which lie behind them.

Debate – This house believes that a civilised legal system should contain defences even though they do not always provide justice. (W)

Learners write a summary of each of the key defences using the website opposite. Learners should explain the strengths and weaknesses of each of the defences. (I)

Exam questions – both essay and hypothetical problem/case study

www.claim-advice.com/defences.html

V2 30

http://www.claim-advice.com/defences.html

http://www.claim-advice.com/defences.html

http://www.daisychaincompensationclaim.co.uk/occupiers-liability.htm

http://www.daisychaincompensationclaim.co.uk/occupiers-liability.htm



http://www.minsterlaw.co.uk/our-services/personal-injury/slips-trips/



http://www.legislation.gov.uk/ukpga/Eliz2/5-6/31/contents

http://www.legislation.gov.uk/ukpga/Eliz2/5-6/31/contents





situations. Contributory

negligence: nature and effect (Law Reform (Contributory Negligence) Act 1948).

Inevitable accident; act of God

questions can help learners to develop their skills. Revision test – learners give the facts and principle of law in cases to see

how much of the topic they can recall.

V2 31


Paper 4: Unit 6 – Private nuisance and Rylands v Fletcher


6.1 Private nuisance

Definition; nature of liability; who can sue and be sued.

Relevance of locality, utility, sensitivity, duration and malice to liability.

Defences: prescription; statutory authority.

Opening discussion – What is meant by a nuisance? Analysis of key sale of goods terms and discussion of how to relate them to a number of scenarios. (G)

Teacher-led information on basic definitions and the categories of nuisance.

Learners make a flow chart of the steps in an action for private nuisance – use the website opposite. (I)

Learners make a presentation based on the case of Hunter v. London Dockland Organisation (1997). (I)

Research task – Who can sue and who can claim? Use the websites opposite. (I)

Teacher-led information on key cases leading to learner task to 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 decisions in the area of private nuisance and its relationship to the environment. (G)


Use of local or national media to identify case examples where nuisance might be an issue.

www.inbrief.co.uk/land-law/private-nuisance.htmwww.publications.parliament.uk/pa/ld199697/ldjudgmt/jd970424/hunter01.htmwww.towerhamlets.gov.uk/lgsl/401-450/416_general_environmental_nuis.aspx

www.inhouselawyer.co.uk/index.php/environment/7980-what-a-nuisance-keyenvironmental-cases-from-the-pastyear

6.2 Rylands v. Fletcher

Definition; nature of liability (strict

Teacher-led information on basic principles. Learners research and summarise the key aspects of the case of Rylands

v. Fletcher (1868) using www.bailii.org (I) Learners make a timeline on key cases starting with Rylands v. Fletcher.

V1 32


http://www.inhouselawyer.co.uk/index.php/environment/7980-what-a-nuisance-keyenvironmental-cases-from-the-pastyear



http://www.towerhamlets.gov.uk/lgsl/401-450/416_general_environmental_nuis.aspx



http://www.publications.parliament.uk/pa/ld199697/ldjudgmt/jd970424/hunter01.htm



http://www.inbrief.co.uk/land-law/private-nuisance.htm

http://www.inbrief.co.uk/land-law/private-nuisance.htm



v. fault based); conditions of liability; relationship with nuisance.

Defences: consent; act of stranger; statutory authority; act of God; default of claimant.

(W) Revision activity – learners make a mind map to represent all the different

aspects of this area of law. (I) Discussion – Is the law in Rylands v. Fletcher a good way to resolve

problems or is the law too difficult and therefore unfair? (W) Research – using the website opposite learners consider how the tort

works in the modern law by focusing on the case of Transco v. Stockport MBC (2003).


http://www.publications.parliament.uk/pa/ld200203/ldjudgmt/jd031119/trans-1.htm

V2 33





Paper 4: Unit 7 - Trespass


7.1 Trespass to land

Unlawful entry; intention; continuing trespass.

Defences: lawful authority; licence; right of entry.

Teacher-led information on the historical context of the law and what constitutes trespass.

Learners read the summary in the website opposite. Make a mind map to cover the key elements the article discusses. (I)

Learners produce chart based on key cases to illustrate classes of claimants and defendants. (I)

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)

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 tort. (I) Research – learners look at the website opposite and summarise the 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


Use local media to explore topical issues in the news.www.parliament.uk/briefing-papers/SN05116.pdf

www.inbrief.co.uk/land-law/trespass.htmwww.gardenlaw.co.uk/walls.html

V1 34

http://www.gardenlaw.co.uk/walls.html

http://www.inbrief.co.uk/land-law/trespass.htm

http://www.inbrief.co.uk/land-law/trespass.htm

http://www.parliament.uk/briefing-papers/SN05116.pdf

http://www.parliament.uk/briefing-papers/SN05116.pdf



7.2 Trespass to the person

Assault and battery: elements; conditions of liability; defences of consent, lawful authority and necessity.

False imprisonment: elements; conditions of liability; defence of lawful detention (powers to arrest and detain in outline).

Teacher information on basic principles and definitions. Learners make a mind map based on the three torts (assault, battery, and

false imprisonment), identifying key cases and the most applicable defences in each situation. (I)

Multiple-choice quiz based on scenarios to choose most appropriate tort. (G)

Debate – Should patient autonomy take precedence over the need for medical treatment? (W)

Moral issues in law – use medical or sporting cases as a stimulus such as in Re F, Re T or Simms and Condon v Basi.

Essay – To what extent is the boundary between law and morality blurred in trespass to the person. (I)

V2 35



Research task – learners read the article and conduct their own research on the ‘Cardiff Three’ case outlined in the website opposite. 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 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)


www.guardian.co.uk/uk/2009/jun/19/cardiff-three-compensation-court-appeal

www.bbc.co.uk/news/uk-12834196

V2 36

http://www.bbc.co.uk/news/uk-12834196

http://www.bbc.co.uk/news/uk-12834196

http://www.guardian.co.uk/uk/2009/jun/19/cardiff-three-compensation-court-appeal




Paper 4: Unit 8 - Remedies


8.1 Common Law remedies

Damages: nature and purpose.

Mitigation; remoteness.

Discussion – Why do we need remedies? What makes a good remedy? (W)

Teacher-led information on the range of common law remedies. 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 damages

such as nominal, contemptuous, exemplary and aggravated. (I) Teacher-led information on the application of compensatory damages in

personal injury cases. 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

Specific

Teacher-led information and link back to relevant material covered in earlier units, particularly in relation to land-based torts.

Using the website opposite learners pick out the cases which deal with www.sixthformlaw.info/02_cases/mod3a/aqa/

V1 37

http://www.sixthformlaw.info/02_cases/mod3a/aqa/_cases_remedies.htm




performance; specific restitution; injunction.

Nature and purpose of equitable remedies.

Limitations on awards in the law of tort.

equitable remedies and write a short summary of each. (I) Learners view the presentation in the website opposite. Using the

information it contains, learners apply it to a problem question from a past exam paper and consider whether it produces a fair result.


_cases_remedies.htmwww.slideshare.net/TLHume/remedies-3703395

V2 38





© Cambridge International Examinations 2011Version 2Updated: 07.03.16

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