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ALL PAPER 2OCR Law / OCR Law- ALL PAPER 2 questions and correctly written answers well explained year 2024 / 2025 $19.99   Add to cart
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ALL PAPER 2OCR Law / OCR Law- ALL PAPER 2 questions and correctly written answers well explained year 2024 / 2025

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ALL PAPER 2OCR Law / OCR Law- ALL PAPER 2 questions and correctly written answers well explained year 2024 / 2025

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  • July 12, 2024
  • 35
  • 2023/2024
  • Exam (elaborations)
  • Questions & answers

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  • all paper 2ocr law ocr law all paper 2 questio
  • all paper 2ocr law ocr law all paper 2 questi
  • all paper 2ocr law ocr law all paper 2 questio

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  • ALL PAPER 2OCR Law / OCR Law- ALL PAPER 2 quest
  • ALL PAPER 2OCR Law / OCR Law- ALL PAPER 2 quest

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ALL PAPER 2 OCR Law / OCR Law - ALL PAPER 2 questions and correctly written answers well explained year Define what a "lawful visitor" is (element three) in occupiers liability, 1957? - ANSWER -The law spl its lawful visitors into three categories - those who have express permission to visit, those who have implied permission to visit, and those with a lawful right to visit. Define what a "premises" is (element two) in occupiers liability, 1957? - ANSWER -S.1(3)(a) of the Act notes that it is not just land and buildings which might be considered premises, but vessels, vehicles and aircraft. Of particular note is that temporary and mobile structures are included under this definition, such as scaffolding and l adders (Wheeler v Copas) What was held in Barrett v MOD (element one of contributory negligence? - ANSWER -The MOD were liable, not through breach of a duty of care to prevent him becoming dangerously i ntoxicated, Until the deceased became unconscious, he alone carried the legal responsibility for his own actions, however, once the senior officer assumed a responsibility for him by ordering the Petty Officer to look after him a duty of care did arise. He was in breach of duty by failing to ensure the deceased received the appropriate supervision. What was held in Beard v London General Omnibus Company (1900) (acting outside of employment in vicarious liability)? - ANSWER -A bus conductor drove the bus des pite express orders to the contrary, and injured the claimant. The employers were not vicariously liable. The conductor was not carrying out his own work but something outside of his own employment. What was held in Capps v Miller - ANSWER -The Claimant, a motorcyclist was stationary in the centre of the road about to turn right into his drive when the Defendant crashed into him from behind. The Defendant was speeding and had been drinking. At the time of the incident, the Claimant had been wearing a crash helmet, but it was not fastened. The helmet came off in the collision and he suffered serious head injuries. The trial judge allowed full compensation to the Claimant and made no deduction for contributory negligence What was held in Century Insurance Co Ltd v Northern Ireland Transport Board (1942) (negligent acts of an employee in vicarious liability)? - ANSWER -A driver of a petrol tanker was delivering to a petrol station. He carelessly threw down a lighted match, causing an explosion. The employer was still liable since the driver was in the course of his employment, and merely doing his work negligently What was held in Davies v Swan Motor (element one of contributory negligence)? - ANSWER -Davies had been standing on steps at the side of a dust lorry . He was standing in a dangerous place. The lorry was travelling along a narrow road when a bus tried to pass the lorry. Davies was unfortunately killed. It was held that Davies was himself one -fifth responsible for the damage because of his negligence in standing upon, or being upon, the side of the dust lorry. His damages were accordingly reduced under the Law Reform (Contributory Negligence) Act 1945 What was held in Ferguson v Dawson (1976) (the multiple test in vicarious liability)? - ANSWER -There was a contract that stated that a building labourer was self -employed, but the court decided he was employed and the employers were required to protect him under safety laws What was held in Froom v Butcher? - ANSWER -The Claimant was injured in a car acciden t due to the negligence of the Defendant. The Claimant was not wearing a seat belt. There was disagreement as to the apportionment of loss under the Law Reform (Contributory Negligence) Act 1945 What was held in Gough v Thorns? - ANSWER -Whilst young children can not be held to be contributory negligent, an older child may but only if they can in some way be held to be blameworthy. The girl had acted in accordance with what could reasonably be expe cted of a 13 year old girl. What was held in Hawley v Luminar Leisure Ltd (2006) (modern use of the control test of vicarious liability)? - ANSWER -A bouncer who was supplied to nightclubs by a firm of specialist suppliers, beat up a customer outside the d efendant's club. The suppliers went into liquidation so the injured claimant sued the club. The court decided that, as the club exercised so much control over the bouncer in how he should do his work, it employed him and was vicariously liable for his acti ons. What was held in Limpus v London General Omnibus Company (1862) (employer's liability in vicarious liability)? - ANSWER -Bus drivers had been specifically instructed not to race. When they did and the claimant was injured, the employer was vicariously liable. The drivers were authorised to drive the buses but not in the manner in which they did. What was held in Lister v Hesley Hall Ltd (2001) (the criminal acts of employers in vicarious liability)? - ANSWER -3 claimants were sexually abused over a pe riod of time by the warden of the school for children with emotional difficulties where they were resident. The employers were vicariously liable for the Warden's acts. The House of Lords held that the key test was whether there was sufficient connection b etween the employment and the torts carried out by the employee. What was held in Mersey Docks & Harbour Board v Coggins and Griffiths (Liverpool) Ltd (1947) (the control test of vicarious liability)? - ANSWER -A crane driver negligently damaged goods in the course of his work. The Harbour board hired him out to stevedores to act as their servant. The Harbour board was still liable for his negligence, however, as he would not accept control from the stevedores. What was held in Morris v Murray (volenti no n fit injuria) - ANSWER -The defence was allowed. The actions of the Claimant in accepting a ride in an aircraft from an obviously heavily intoxicated pilot was so glaringly dangerous that he could be taken to have voluntarily accepted the risk of injury an d waived the right to compensation. Define what an "occupier" is (element one) in occupiers liability, 1957? - ANSWER -The Act does not provide a definition for 'occupier', since the term is discussed widely in the applicable common law. An occupier is simply a party who exercises an element of control over premises, as per Wheat v E Lacon & Co Ltd Describe the role of warning signs in occupiers liability, 1957 (element five)? - ANSWER -Warning signs form a key element of fulfilling the duty of care, however, as per s .2(4)(a), warnings only fulfil the occupier's duty of care if they enable a visitor to be reasonably safe. In general, a specific hazard will require a specific warning - Visitors shouldn't have to play 'guess the hazard' whenever they see a warning. Hidde n dangers will require greater attention to be drawn to them. Very obvious risks require no warning at all, as in Staples v West Dorset District Council. Describe the role of warning signs in regard to independent contractors in occupiers liability, 1957 (element five)? - ANSWER -As noted in the chapter on vicarious liability, it is usually not possible to attribute the actions of an independent contractor to their employer. However, s.2(4)(b) provides a list of the situations in which an occupier will be h eld liable for a harm caused by an independent contractor - where it was unreasonable to entrust the work to an independent contractor in the first place, where the occupier failed to take reasonable steps to ensure the independent contractor was competent, and where the occupier has failed to take reasonable steps to check the work of an independent contractor. Explain political influence on parliament? - ANSWER -Each political party produces a manifesto containing their key ideas prior to each general elec tion. The political party that has the most members of parliament following a general election will become the new government, staying in power until the next general election (usually five years) Explain the influence of lobbyists on parliament? - ANSWER -Lobbyists are individuals who attempt to catch the attention of MPs on their way into parliament in the hopes of convincing them to raise an issue in debate Explain the influence of pressure groups on parliament? - ANSWER -Pressure groups are people who share similar ideas and campaign for changes in the law or against proposed changes. Explain the influence of public opinion and the media on parliament? - ANSWER -The media helps to highlight strong public opinions so that they come to the attention of par liament. Where there is strong public opinion on an issue, the government is likely to change the law to reflect it.

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