AQA A-Level Law Paper 2 Exam Questions With Verified Answers
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AQA A
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AQA A
AQA A-Level Law Paper 2 Exam Questions
With Verified Answers
(Neg) The 3 stages of negligence? - answerDuty of Care, Breach of Duty, Damage
(Neg) Donoghue v Stevenson - answer'Neigbour principle' (Lord Atkin) - "your neighbour is
anyone closely affected by your actions or omissions"
(Neg) Robi...
AQA A-Level Law Paper 2 Exam Questions
With Verified Answers
(Neg) The 3 stages of negligence? - answer✔Duty of Care, Breach of Duty, Damage
(Neg) Donoghue v Stevenson - answer✔'Neigbour principle' (Lord Atkin) - "your neighbour is
anyone closely affected by your actions or omissions"
(Neg) Robinson 2018 - answer✔Caparo test need only be used in novel situations and provided
established DOC
> doctor to patient - Bolam
> driver to road user - Nettleship v Weston
> manufacturers to consumers - Donoghue v Stevenson
> solicitor to client - Arthur JS Hall v Simons
(Neg) Caparo v Dickman 1990 - answer✔Caparo 3 stage test
> was damage/ loss to C reasonably foreseeable?
> was there a relationship of close proximity between C & D?
> is it fair, just & reasonable to impose a DOC?
(Neg) Kent v Griffiths - answer✔The damage/ loss to C reasonably foreseeable - D's actions
judged by the standards of a reasonable person (objective test)
(Neg) Bourhill v Young - answer✔Relationship of close proximity between C & D - proximity of
time & space, and legal relationship
(Neg) Hill v CC of W Yorkshire/ Robinson - answer✔It is fair just & reasonable to impose a DOC
(public issue, floodgate argument) - if an omission then NOT fair (Hill), but it its a positive act it
is (Robinson)
(Neg) Duty of Care - answer✔C must prove D owed them a DOC
(Neg) Breach of Duty - answer✔Used to establish D's liability for his actions/ omissions and the
SOC they owe to C
Blyth v Birmingham - D is "judged by the standards of an ordinary person in that same situation
with similar experience"
(Neg) Well v Cooper - answer✔If D is an ordinary person, then they will not be expexted to act
like a professional
(Neg) Bolam - answer✔> Bolam - if D is an expert/ possesses a skill then judged to standards of
other reasonably competent professionals
> Bolithio - if there is a body of professional opinion supporting D's actions, the judge will
examine this and may deem it illogical so D still liable
(Neg) Bolam - OIR - answer✔> Wilsher v Essex - no account taken for D's actual experience
> Montgomery - doctor must make patient aware of material risks
> Chester v Afshar - doctor must inform of side effects
(Neg) Nettleship v Weston - answer✔If D is inexperience/ learner then judged by standards of
experienced - standard never lowered
(Neg) Mullins v Richards - answer✔Children judged to standard of a similar age
(Neg) Disabled - answer✔D's judged to standard appropriate to the reasonable person with the
same disability
(Neg) Risk Factors - answer✔Increase or decrease SOC required by D
(Neg) Roe v Minister of Health - answer✔Where risks known about at time of injury? D only
liable for risks within 'reasonable contemplation'
(Neg) Bolton v Stone/ Hayley v London Electricity Board - answer✔Size of risk and probability of
harm caused
> small risk = less precautions (Bolton)
> high risk = more precautions (Hayley)
(Neg) Paris v Stepney Council - answer✔OIR: C has a special characteristic that makes them
more suseptible to harm/ makes harm more serious
(Neg) Latimer - answer✔OIR: Where all practical precautions taken at the time of injury/
damage? Cost and practicality are considered
(Neg) Watt v Hertfordshire Council - answer✔OIR: Is there a public benefit to taking the risk? If
there is, a lower standard is expected
(Neg) Resulting Damage - answer✔Must be a link between C's damage and D's act or omission
(chain of causation)
(Neg) Barnett v Chelsea Hospital - answer✔Factual Causation - "but for D's acts/ omission
would C have suffered harm?"
(Neg) Wagon Mound - answer✔Legal Causation - remoteness test ('remoteness of damage') -
was the damage to C "reasonably foresseable or "too remote" from breach
(Neg) Hughes v Lord Advocate - answer✔Legal Causation - no need to predict the exact way the
injury/ damage occured, just the injury/ damage of the same type is foreseeable
(Neg) Thin Skull Rule - answer✔OIR: Smith v Leech Brain - D must take C as he finds them,
including any pre-existing medical condition that makes them more suseptible to harm
(Neg) Intervening Acts - answer✔OIR:
> Act of C - McKew v Holland
> Act of God/ Nature - Carslogie Steamship
> Act of 3rd Party - Knightley v Johns
> Multiple Causes - Wilsher v Essex Area Health Authority
(Neg) DEFENCES: Contributory Negligence - answer✔Law Reform (Contributory Negligence) Act
1945: C contributes to own injury/ damage so damages reduced accordingly (partial defence)
> Froom v Butcher - damages reduced 25%
> Morales v Eccelston - no age limit at which you can contribute to own injuries
(Neg) DEFENCES: Volenti Non Fit Injuria - answer✔Consent - full defence providing 3 conditions
are satisfied
> Murray - C has knowledge of risk
> Morris v Murray - C's consent must be freely given
> Smith v Baker - C exercises free choice
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