Anaya Nolan
A-level law students learn about the role of law in society and the rights and responsibilities of individuals. They develop their analytical ability, decision-making, critical thinking, and problem-solving skills by studying legal rules and their application to real-life situations. Case studies are an integral part of the curriculum, with topics ranging from criminal liability, loss of control, and murder to breach of contract, theft, and robbery. Students also learn about key legal principles such as statutory interpretation, judicial precedent, alternative dispute resolution, and tribunals. For example, the case of Adams v Lindsell (1818) is often taught to illustrate offer and acceptance in contract law. Students can use flashcards and summary tables to help them revise key cases and their legal significance.
| Characteristics | Values |
|---|---|
| Type of Law | Criminal Law, Tort Law, Civil Law, Contract Law |
| Case Studies | Adams v Lindsell (1818), R v Smith, Rylands v Fletcher rule |
| Topics | Judicial Precedent, Alternative Dispute Resolution, Tribunals, Delegated Legislation, European Union Law, Criminal Liability, Loss of Control, Diminished Responsibility, Unlawful Act Manslaughter, Gross Negligence Manslaughter, Automatism, Intoxication, Non-Fatal Offences, Negligence, Psychiatric Harm, Economic Loss, Vicarious Liability, Defences in Tort Law, Remedies in Tort Law |
| Skills Developed | Analytical Ability, Decision Making, Critical Thinking, Problem-Solving |
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What You'll Learn
Criminal law
One area of focus could be the concept of criminal liability, which is a fundamental aspect of criminal law. For instance, let's consider the case of Dan, Sue, and Lucy. Dan and Sue are irritated by their neighbour Jim, who they believe is bringing down the value of their properties. They decide to take matters into their own hands and approach Lucy, a council worker with access to rat poison. Dan and Sue intimidate Lucy into giving them the poison, intending to use it to make Jim ill. This scenario raises questions about the criminal liability of all three individuals. Are Dan and Sue liable for conspiring to harm Jim? Is Lucy criminally liable for providing the poison, especially given the coercion involved?
Another case study could explore the complexities of attempted crime and consent in sexual offences. Alex, furious about being refused a promotion by their boss, Betty, storms into her office and shoots a woman sitting at her desk, believing it to be Betty. However, it turns out to be Carol, who was stealing from the drawer. This case study prompts discussions about the intent and completion of a crime, as well as the role of consent in sexual offences.
Moving on, the case of Malik, Noreen, Petra, and Quentin sheds light on aiding and abetting a crime. Malik and Noreen are annoyed by their fellow student Ozzie, who plays loud music at night. Malik and Noreen make threatening comments to their respective friends, Petra and Quentin, suggesting they take action against Ozzie. This leads to a plan where Petra intends to threaten Ozzie with a knife, provided by Malik. The case study prompts an analysis of the criminal liability of all four individuals, especially regarding their encouragement and assistance in potential criminal activities.
Additionally, the case of Rich visiting Windsor Castle highlights theft, assault, and the use of distraction as a criminal tactic. Rich enters the castle grounds with the intention of pickpocketing tourists. He also steals a small gold clock and, to create a distraction, activates the fire alarm, causing water stains on the rugs. As a guard, Bill, chases him, Rich lunges at Bill with an ornamental sword, causing severe injuries. This case study allows for discussions about the various criminal offences committed and the potential charges Rich may face.
Lastly, the case studies provided by Doogue + George on their website offer a wealth of real-world examples. With over 500 criminal law case studies, students can explore a range of scenarios, including contested matters, appeals, bail applications, and guilty pleas across various courts. Analysing these case studies helps students understand the practical application of criminal law and the different outcomes based on specific circumstances.
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Tort law
The Tort of Negligence is a key area of focus in A-Level Law Unit 2, with an emphasis on understanding civil liability and the factors that establish it.
One notable case study is that of Wagon Mound No. 1, which involved a ship discharging oil into the water as it entered the harbour. The oil caused damage to a nearby wharf, and the defendant was held liable for this specific instance of harm. However, a fire on another ship, caused by floating debris covered in oil, was deemed too remote from the initial negligence, and the defendant was not held responsible for this subsequent event. This case highlights the importance of the ''Thin Skull Rule', which acknowledges that individuals may have unique vulnerabilities that make them more susceptible to harm.
Another case, Bolton v Stone, explored the concept of factual causation. In this instance, Miss Stone was struck by a cricket ball that had flown over a seventeen-foot fence from a considerable distance away. Despite the rarity of such an event, the cricket club was not found liable as they had taken reasonable precautions and the incident was deemed unpredictable. This case underscores the 'but for' test, which establishes causation when the claimant would not have suffered harm but for the defendant's breach of their duty of care.
The case of Mulcahy v Ministry of Defence delves into the concept of what is fair, just, and reasonable in imposing a duty of care. In this case, the claimant suffered hearing loss due to a cannon being fired unexpectedly near them on a battlefield. While it was established that the cannon should not have been fired in that specific circumstance, the court ruled in favour of the defendant on appeal. This decision considered the impracticality of imposing a duty of care on soldiers engaged in battle with the enemy.
Additionally, the Caparo Test, originating from Caparo Industries PLC vs Dickman, is a critical tool for establishing duty of care. This three-part test, as outlined by Lord Bridge, includes foreseeability of damage, proximity between the defendant and claimant, and the fairness and reasonableness of imposing a duty of care. An illustration of this test in action is Kent v Griffiths, where an ambulance crew's lack of urgency in responding to an emergency likely contributed to further harm.
Overall, these case studies provide a comprehensive exploration of the Tort of Negligence, shedding light on the complexities of duty of care, breach, and damage, and how these principles shape civil liability and compensation.
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Contract law
One notable case that illustrates contract law principles is Lucy v Zehmer. This case, considered a classic in contract law, involved a dispute between W. Lucy, J. Lucy, and the defendants, A. Zehmer and Ida S. Zehmer, over a contract written on a napkin. The Lucys sued the Zehmers, seeking to enforce the contract for the sale of a tract of land owned by Mr. Zehmer, known as the Ferguson farm, which comprised 471 acres and was valued at $50,000. The Zehmers initially agreed to sell the farm to W. Lucy for $20,000 but later changed their minds before the deal was finalised. However, the court found that the contract between Zehmer and Lucy was legally binding and would be challenging to nullify.
Another example of contract law in practice is the case of Ugo and Valentina. Ugo, failing to notice the terms and conditions, made a mistake on his tax return, declaring his income as £2,500 instead of £25,000. Valentina, also overlooking the error, sent the tax return back to Ugo for signing. Ugo signed the document without checking and was subsequently fined £500 by the tax authorities. This scenario highlights the importance of understanding and adhering to the terms and conditions in contracts to avoid unintended consequences.
In the realm of business partnerships, a case study involving Trista and Kevin demonstrates the complexities of contract law. Trista and Kevin co-owned a local garage valued at £200,000, with Trista holding a 25% share. In 2015, Trista approached Kevin about buying her out of the business to address personal issues. Fearing the potential loss of the business, Kevin obtained a £50,000 bank loan, using his and his husband Gamu's jointly owned home as security. Kevin succeeded in buying out Trista, but by 2016, the business's reputation had suffered due to Trista's actions, resulting in a loss of customers and financial difficulties for Kevin. The bank then intended to take possession of Kevin and Gamu's house. This case study delves into the legal rights and obligations of the parties involved, including any potential recourse they may have against Trista or the bank.
Additionally, a scenario involving Phoebe, Monica, Chandler, Jahangir, and Ramona on the Konkordium highlights potential legal claims in contract law. The group experienced issues during their trip, including subpar dining, crew members shouting and pushing passengers, and disruptive behaviour from other passengers. The case study prompts an exploration of whether these individuals have any legal recourse under contract law for the issues they encountered during their journey.
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Sexual offences
In the case of R v. Tabassum [2000], the court considered the issue of consent in sexual offences and the protection of the public from sex offenders. This case, alongside R v. Flattery, R v. Elbekkay (1995) and R v. Camplin (1845), explored the concept of "conclusive presumption about non-consent", which includes being deceived as to the nature of the act or the perpetrator impersonating someone known to the victim.
Another important aspect of sexual offences is the protection of vulnerable witnesses. The Criminal Procedure Act recognises the distress associated with giving evidence and offers protections such as CCTV evidence, screens, and support persons. This is particularly relevant in sexual offence cases, as victims of such crimes are considered vulnerable witnesses.
In addition to rape, other sexual offences include indecent acts, unlawful drink spiking, attempted rape, and assault with intent to commit rape. These offences are outlined in Carter's Criminal Code, and the elements of each offence must be considered. For example, in the case of R v. Bryant/McBride, the court confirmed that indecent acts require "moral turpitude".
A practical example of a sexual offence case study can be found in the story of Abel Barnes, who has been charged with sexual assault and rape. Barnes works for a fire and safety company and visits clients' homes to advise on safety measures. He has been accused by Mrs C, but he insists he did not commit any offences, despite not disputing the facts of the indictment.
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Theft
In Pitham and Hehl, the defendant sold furniture belonging to someone else without their permission. It didn’t matter that the furniture hadn’t been removed yet, as the offer to sell was solely the right of the owner, so an appropriation had taken place.
In R v Ghosh, a locum doctor charged a hospital for work he hadn’t done, in order to receive payment that he was already entitled to for other work. The court decided that dishonesty by the defendant is established if (a) the reasonable man would see the conduct as dishonest, and also (b) the defendant realised that it would be seen as dishonest by the standards of the reasonable man.
In Turner 1971, the defendant stole his own car from a repair garage, before paying for the work done. The car was temporarily under the possession and control of the garage, so he could be found guilty of theft.
In R v Hale (1978), D and E entered V’s house, and while D was upstairs stealing a jewellery box, E was downstairs tying up V. The Court of Appeal refused to quash their convictions for robbery, though the appropriation of the jewellery box might have been completed before the force.
In Davidge v Bunnett 1984, the defendant was given money to pay her gas bill but instead she used it to buy Christmas presents. The motive of the defendant is irrelevant.
Other notable cases include a taxi driver who took more money than he needed when a foreign student offered her open purse to pay for the fare, a student who borrowed an advance copy of an exam paper, copied the questions, and returned the paper, and a defendant who signed a blank cheque which, with his brother’s involvement, was subsequently made out to a woman who gave the proceeds of the cheque to the defendant’s brother.
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Frequently asked questions
Unit 2 case studies cover topics such as criminal liability, loss of control, murder, non-fatal offences, diminished responsibility, manslaughter, theft, and robbery.
Some examples of case studies include R v Smith, Adams v Lindsell, and cases related to contract law, negligence, and criminal trial procedures.
By studying Law, students can develop their analytical abilities, decision-making skills, critical thinking, and problem-solving skills. These skills are highly valued by higher education institutions and employers.
The assessment methods include a mixture of question types such as multiple-choice, short answer, and extended response questions.
