AQA
A Level
Law
Paper 2
Tort Law
Notes
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,Contents –
Non Substantive –
- Nature of Law
- Parliamentary Law Making
- Law Reform
- Civil courts and other forms of dispute resolution including civil courts and appeal system
- Judiciary
- Access to justice and funding
Substantive –
- Rules of Tort Law
- Liability in negligence
o Personal injury and damage to property
o Economic loss
o Psychiatric injury
- Occupiers’ liability
o Occupiers Liability 1957
o Occupiers Liability 1984
- Nuisance and escape of dangerous things
o Private Nuisance
o Rylands v Fletcher
- Vicarious liability
- Defences
o Contributory Negligence
o Consent
- Remedies
o Compensatory damages
o Mitigation of loss
o Injunctions
Concepts –
- Theory of Tort Law
- Law and Justice
- Law and Fault
- Law and Society
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, Non Substantive –
Nature of Law –
Law – formal mechanism of social control, and set of rules imposed and Civil Law – private dispute between individuals or business. Aim is to put you
enforced by state. System of courts that apply and enforce law if broken. back into the position you should be in.
Criminal rules are enforced by police and courts. Tort Law – occurs when civil law holds that even though there is no contract,
Rule – something that determines way we behave. There are legal one person owes legal responsibility. Once breached, person affected can
consequences or we submit voluntarily as it is inline with moral code. make a claim. If successful, award damages (money or injunctions). Examples
Character of Rule – in all societies to keep order. Developed by norms of include – negligence, nuisance, occupiers liability.
behaviour. Twining and Miers – ‘general norm, mandating or guiding Contract Law – where parties made agreement and each side has put
conduct’ something into agreement. One part not kept their side, other brings claim
Moral Rules – rules become harden into our rights. Widely accepted then of money. If successful, award remedy (money or do what should have
become law. Common law links to it. Develop over time, ought to be done).
obeyed, enforced by community, voluntary and apply to those who accept Human Right Law – HRA act 1998. European Convention of HR. Must be
them. upheld in courts and can take case to European Court of Human Rights. If
Legal Rules – safeguard us from dictatorship. Change instantly, must be breached, award compensation and injunctions.
obeyed, enforced by courts, obligatory and apply to all. Examples include – Article 5 Right to Liberty, Article 6 Right to fair trial,
Rules are obeyed as they – carry sense of moral obligation, reasonable and Article 8 Right to respect private life.
relevant, penalty may be imposed if they are broken. Sources of Law –
Custom – rule of behaviour developed – basis of common law. Judges
Criminal Law – to maintain law, order, protect society and punish. Started previously made some decisions. Coke – ‘one of main triangles of laws of
by state, police or CPS (prosecutor). Heard usually in magistrates or crown. England.
Standard of proof is higher than civil law, burden of proof is beyond Common – basis of our laws, unwritten, developed by judges, example
reasonable doubt. Lay magistrate, district judge or jury make the decision. include (murder, contract or tort). Judges can instantly change when a new
Decision is guilty / not guilty. May receive sentence, fine or probation. case comes to relevancy.
Statute – highest ranking via Acts of Parliament, amended and new created.
Civil Law – aim is to uphold an individual and put back in position. Started Slow as many experts are consulted due to dealing with technical point.
by individual or business whose rights affected (claimant). Heard usually in Double Liability – occasionally occurs. Civil and criminal together.
county, high court or tribunal. Standard of proof is lower than criminal law, Ian Tomlinson – protest where killed unlawfully by police officer –
burden of proof is balance of probability. Judge makes the decision. manslaughter. Tort law due to duty of care.
Decision is liable or not liable. May receive fines or damage injunctions.
Parliamentary Law Making –
Democracy – giving people the right to vote. The House of Commons, The Advantages of Law Making System – broad policies, consultation
House of Lords, The Crown. Democratic – made by elected representatives. Can vote out after 5 years.
The Parliamentary Law Making Process – Reform – entire areas can change – Fraud Act 2006 – abolished dishonesty
House of Commons – elected by electorate, divided into constituencies. offences and created newer and simpler structure of offences.
Party reaches 326+ MPs, gain majority, GE every 5 years.
House of Lords – non elected body, 92 hereditary peers, 700 life peers, 26 Disadvantages of Law Making System – Time
most senior bishops of CofE Govt – as govt in control of parliamentary timetable, allows little time for
Green Paper – starting point for idea for new law. Consultative document private members’ bills. If introduced, govt can easily vote it out.
which lays govts views and ideas for change. Interested parties invited to Long and Complex – acts can be long and complex – hard to understand.
send comments so all sides can be considered and changes made. Many cases go to Supreme Court about what an act means – check other
White Paper – govt may issue white paper with firm proposal. Includes draft acts.
bills and sets out final decision.
Influences of Parliament –
Formal Legislative Process - Long and formal process. Majority acts Political – each party published list of reforms before GE in manifesto. Up to
introduced by govt. Initially drafted by lawyers. 5 years to bring in new reforms. At opening of parliament – announce new
Types of Bills – plans. ADV – govt has majority so virtually passes every law. DIS – next
Bill – proposed act been published called Bill. Introduced by govt minister. political party can repeal or change laws made.
Must represent govt wishes, not easy to achieve Public Opinion – strong opinion, govt may bow to such opinion. TV, radio,
Private Members’ Bills – proposed laws by MPs, who not govt ministers. newspapers bring to govt opinion. ADV – free press can criticise govt policy
Major example was Abortion Act 1967. 2 ways – ballot or 10 min rule. and highlight bad practice. DIS – media criticised for manipulating news and
Public Bills – involve matters of public policy creating public opinion on specific matters.
Private Bills – laws impact individuals or corporations. Pressure Groups – sectional – interest of group of people, cause – promote
Hybrid Bills – cross between private and public – Channel Tunnel Bills. political cause. May lobby individual MP to ask questions about problem.
Role of House of Commons – most bills introduced here. House vote ADV – wide range of issues brought to govt attention. DIS – often two groups
against, it ends (more powerful). Debates on issues of policy. Govt have have conflicting interests and want different things.
majority so likely policies become law. Law Commission – permanent panel of legal experts who research areas of
Role of House of Lords – peers can create law. Act as check on commons. law and recommend which laws need to be reformed. May include draft bill.
Can vote against proposed changes but delay for 1 year. Alert Commons to ADV – areas of law are researched by legal experts, whole areas considered.
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, potential problems, and there to refine and add to law rather then oppose. DIS – govt does not always implement reforms due to lack of time.
Parliamentary Process – for bill to become Act have to pass both Houses.
Bill is drafted Doctrine of Parliamentary Supremacy – given by Dicey in 19 th century. Holds
1st reading in H of Commons – formal procedure, name of bill read out, no that legislative body has absolute sovereignty. He said parliament can
discussion or vote takes place. legislate on any subject matter (no limits on what laws), no parliament can
2nd reading in H of Commons – main debate, looks at main principles. Vote be bound by any previous parliament nor can a parliament pass any act that
ends with Aye or NO. Outcome clear no walking vote. will bind a later parliament (each new parliament free to make or change
Committee Stage – detailed examination of each clause – 16 and 50 MPs, laws), no other body has right to override or set aside an act (some laws can
govt have majority represented. be repealed).
Report Stage – when committee report back any amendments. Changes
debated and accepted / rejected, more changes can be added.
Limitations of Parliamentary Supremacy –
3rd reading in H of Commons – final vote on bill, most bills unlikely to fail.
Effect of HRA – all acts be compatible with European Convention of Human
Same procedure in H of Lords – Lords go through same 5 stages – ping
Rights. Can challenge act on grounds does not comply with convention.
pong.
Devolution – Scotland Act 1998 devolved powers to Scottish Parliament. Can
Royal Assent – monarch gives formal approval. Act comes into force on
now make laws on some matters for own country. Supremacy lost in areas.
midnight day it is signed. If different date, into force via commencement
EU Membership – 1973, Britain became member of EU. 2016 voted to leave.
order.
Whilst member of EU, limitations on parliamentary supremacy as EU law
took priority over British Law – Merchant Shipping Act 1998.
Law Reform –
Work of Law Commission – Law Commission Act 1965. Full time body and How they change the law? –
consists of chairman (judge), and 4 additional law commissioners who Codification – reviewing all the law on particular topic and then creating
highly qualified lawyers, and have own teams on specific areas of law. completed code to cover all aspects of law on that topic. Makes law simpler
Law Commission is independent body set up by parliament to keep law of and easier to find. It can also change sections of law that need reform –
England and Wales under review and to recommend reforms., Criminal Justice Act 1988.
Aims – make law simpler, more accessible, fairer, modern, cost effective. Consolidation – draw all existing law together in one act. Law is not
Concerned with systematic development of reform, codification, repeal. reviewed or changed, just brought together in one act. Makes law more
Process – topic for research is chosen (maybe referred by govt, or accessible.
commission may state areas in need for reform and see govt approval), law Repeal – identify old acts which are no longer used, so parliament can repeal
commission researches area of law, issues consultation paper (views on acts. Over 3000 out of date acts have been repealed (many during 1940s).
possible reform. State current law, problems and look for options for
reform), issues final report (draft bill may also be included). Implementation – over 300 reports have been produced. 1 st ten years – 85%
Focuses on ‘pure law’ or lawyers law’. success rate, 1990 had 0%, in 2023 69%. 3 measures to ensure Parliament
implement via Law Commission Act 2009. Protocol agreed sets out minister
provide interim response within 6 months, and give final response within
Disadvantages of Law Reform – year. – Coroners and Justice Act 2009.
Law Commission has to wait for govt to bring in reform. Slow process, and
some never made – only 5 years etc. Advantages of Law Reform –
Major area of Criminal Law – non fatal offences is still awaiting reform – Areas of law are researched by legal experts – 4 commissioners who are
cannot agree on how to improve, or what best way – it is not modern. highly qualified lawyers and have teams on specific areas.
Lack of time available in Parliament to deal with reform – other important Law Commission consults before finalising proposals – (consult parliament,
things that take up the time. public, other judges and lawyers).
Reform can simplify and modernise the law (put into one place –
codification)
Civil courts, dispute revolution and appeal system –
What is the civil court system? – they arise when an individual or business Stages of Starting Court Case –
believes that their rights have been infringed in some way. When a dispute 1.Pre-action proposals – parties encouraged to give info, to prevent need for
occurs it is presumed that first step should be to try and negotiate with case started. List of things to do before claim.
other person or business to resolve the issue. Case only started in court as 2.Which court to use – liability denied, or ADR refused, have to start case.
last resort. Court is based on amounts claimed, type of case. Also depend on if complex
County Court – 200 in most towns. Try nearly all civil cases including point of law to be discussed – court will decide which court.
contract and tort, all cases for recovery of land. Heard and decided by circuit 3.Issuing a Claim – need to complete N1 form. Collect from any court or
or district judge. For defamation – trial with judge and jury of 8. Lower value print from online. Online forms – under £10,000. Hand to county or high
cases. court. Fee is dependent on amount of claim – must pay before start process -
High Court – based in London, but has judges sitting in several towns. £500.01 - £1,000 - £70 fee, up to £300 – fee is £35.
Family Division – dispute about which country’s laws should apply. Hear any 4.Defending a claim – 3 different routes to take. Once decided, court
general family law cases. Heard by 1 judge. Crime and Court Act 2013 – allocate case to most suitable tack or way to deal with it.
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