OCR
GCE
Law
H418/02: Law making and the law of tort
A Level
Merged Question Paper + Mark Scheme
Ace your Mocks!!!
, Oxford Cambridge and RSA
Tuesday 4 June 2024 – Afternoon
A Level Law
H418/02 Law making and the law of tort
Time allowed: 2 hours
* 1 3 4 5 1 6 7 9 2 8 *
You must have:
• the OCR 12-page Answer Booklet
INSTRUCTIONS
• Use black ink.
• Write your answer to each question in the Answer Booklet. The question numbers must
be clearly shown.
• Fill in the boxes on the front of the Answer Booklet.
• Answer five questions in total:
Answer one question from Questions 1 and 2 and one question from Questions 3 and 4
in Section A.
Choose one Part in Section B. Answer the three questions for that part.
INFORMATION
• The total mark for this paper is 80.
• The marks for each question are shown in brackets [ ].
• Quality of extended response will be assessed in questions marked with an asterisk (*).
• This document has 4 pages.
ADVICE
• Read each question carefully before you start your answer.
The first two questions are about the scenarios. The scenarios are not related.
The Smith family are on holiday at Boswin Farm Holidays. Mr and Mrs Smith have two children,
Amari aged 12 years old and Ben aged three years old. Amari goes off to explore the farm and finds
a barn full of broken farm machinery and rubbish. Amari finds some old rope which he decides to
use to make a zip line he can slide down. He ties one end to the barn door and the other end to a
nearby tree. He attempts to slide down the rope, but it is old and rotten and it breaks. Amari falls to
the ground and breaks his leg. Ben wanders off to look for farm animals while his parents are busy
unpacking. He slips in the mud and falls, sustaining serious head injuries.
Darcie, Emma and Heidi are all employed as delivery drivers under a contract of service by Sellan
Deliveries. All of the drivers have been issued with instructions not to use unauthorised help and to
drive within the law. Sellan Deliveries also offer a daily bonus for drivers who complete their deliveries
promptly.
• Darcie is eager to finish her deliveries in order to earn the bonus payment. She is driving too fast
between deliveries when she carelessly knocks over and injures a pedestrian, Ivan.
• Emma has picked up her 12-year-old son, Jack, to give her a hand with the deliveries as her way
to speed things up and get the bonus. After one delivery, Emma drives off too quickly and the
passenger door slams shut injuring Jack’s hand.
• During her lunch break, Heidi decides to use the van to pick up some furniture she has bought for
her flat from a store in a town five miles away. While loading the furniture, she forgets to put the
handbrake on and the van rolls off and crashes into Kareem’s car.
5 Advise Boswin Farm Holidays of their potential liability for the injuries to both Amari and Ben
under the Occupiers’ Liability Act 1957. Do not discuss any defences or remedies. [20]
6 Advise Sellan Deliveries whether they will be vicariously liable for the negligence of Darcie,
Emma and Heidi. Do not discuss employment status, defences or remedies. [20]
Essay question on the law of tort
7* Discuss the extent to which the rules on factual and legal causation in negligence are fair. [20]
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