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UNIVERSITY OF CAMBRIDGE LOCAL EXAMINATIONS SYNDICATE
Joint Examination for the Higher School Certificate
and General Certificate of Education Advanced Level
9084/2
LAW
PAPER 2 Legal Liabilities
OCTOBER/NOVEMBER SESSION 2001
3 hours
Additional materials:
Answer paper
TIME
3 hours
INSTRUCTIONS TO CANDIDATES
Write your name, Centre number and candidate number in the spaces provided on the answer
paper/answer booklet.
Answer three questions.
Answer one question from Section A, one question from Section B and one question from Section C.
Write your answers on the separate answer paper provided.
If you use more than one sheet of paper, fasten the sheets together.
INFORMATION FOR CANDIDATES
All questions in this paper carry equal marks. The number of marks is given in brackets [ ] at the end
of each question or part question.
The scenarios described in these questions are entirely fictitious.
You are reminded of the need for good English and clear presentation in your answers.
This question paper consists of 4 printed pages.
SB (CW) QK11621/2
© UCLES 2001
http://www.xtremepapers.net
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2
Section A: Contractual Liability
Answer one question only from this section.
1
Andrew gives up his job as a teacher in England to do voluntary work with an aid agency working
in the war-torn republic of Ruritania. His new role takes him to a rural settlement very close to the
war zone in Upper Ruritania, where he helps a team working with handicapped children. There he
meets and befriends a local lady called Constance. During their months together, Andrew
discovers that Constance is desperate to escape Ruritania and to make a new life for herself
overseas. When Andrew has to return to England, he promises Constance that he will try to
obtain for her the necessary papers that would enable her entry to the United Kingdom. Upon his
return, Andrew spends hours of his precious spare time and a lot of his own money travelling
backwards and forwards to the immigration offices in London. Finally he is successful in obtaining
the visa that Constance needs. He buys an air ticket and sends it and the visa to her.
When Constance arrives in England she is so pleased with what Andrew has done for her that
she promises to give him £5000 and promises that she will marry him.
Advise Andrew on the matters outlined in the following questions:
(a) the liability, if any, that Constance, has towards Andrew if she fails to pay him the £5000
promised;
[15]
(b) the liability, if any, that Constance, has towards Andrew if she decides not to marry him and
goes off with another man;
[5]
(c) If Constance is liable for breach of contract in either of the situations above, what remedies
might be available to him?
[5]
2
Emergenzia Ltd is a British company that manufactures and sells fire engines, ambulances and
other emergency vehicles for the domestic and overseas markets. The factory is based in
Birmingham, right in the centre of England. The company has recently received several new
orders and has agreed to supply two customers with ambulances. One of these customers is an
established customer, Para-Medic Supplies Ltd, based in London. The other is Hospital de la
Pena in Buenos Aires, Argentina. The contract with the hospital in Argentina is agreed on FOB
terms, with shipment agreed from the port of Southampton on the south coast of England.
Because of the size of the order, delivery from the factory to the docks has to be made on two
lorries.
Consider the legal implications of each of the following independent situations occurring and
discuss the extent to which Emergenzia Ltd might be liable for the loss sustained in each case.
(a) The order received by Emergenzia Ltd, though apparently from Para-Medic Supplies Ltd, the
established company with which Emergenzia Ltd has dealt on numerous occasions, has
actually been sent by a rogue called Felix pretending to be Para-Medic Supplies Ltd. Upon
receiving the ambulances, Felix sells them to West London General Hospital and then
disappears without paying Emergenzia Ltd for them.
[15]
(b) The second delivery lorry arrives safely at the docks, but one of the ambulances becomes
detached from the crane which is being used to load it. It smashes down on to the deck of the
ship on which it was to be transported.
[10]
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Section B: Tortious Liability
Answer one question only from this section.
3
Tom has lived in his house since 1970. Barbara moved into the house next door in 1971. Tom
decides to have an extension built on the back of his house in which he can pursue his new hobby
of learning to play the saxophone. Barbara becomes upset when Tom’s practice sessions, at all
times of the day and night, start to affect her ability to enjoy watching television, to sleep and to sit
quietly in her garden. Tom chooses to ignore Barbara’s complaints, saying that he has every right
to use his property as he wishes. To annoy Barbara even further Tom decides to buy some
chickens to keep in his garden.
Eventually, Barbara can no longer put up with the noise of Tom’s saxophone and the smell of the
chickens. When Tom begins to practise his saxophone one day, she finds some tin trays and
bangs them on the wall to disturb him. Later in the day, she borrows an air-rifle from her son’s
room, squeezes through the hedge into Tom’s garden and shoots all his chickens.
Consider the potential liability in tort of both parties, taking care to discuss the likely success of
any defences that might be raised.
[25]
4
A driver working for London Midland Scottish Trains Ltd fails to notice a red warning signal
alongside the railway track. As a consequence, the driver fails to stop the train as he should and a
collision with a train coming in the other direction is caused. The drivers of both trains die in the
accident and many passengers are killed or seriously injured.
Consider the potential liability in tort of London Midland Scottish trains Ltd and the likely success
of any defences that might be raised in each of the following independent situations:
(a) Basil was standing on a bridge over the railway lines and, seeing the accident take place, ran
immediately to help passengers to safety. He suffered severe burns when fire suddenly swept
through the wreckage.
[10]
(b) George, an elderly gentleman with a weak heart, was travelling in one of the coaches at the
rear of the train. Although George was not injured in the accident, he died in hospital a day or
two later as a result of a heart attack brought on as a consequence of the fright caused by
the accident.
[7]
(c) Claire’s husband always travels to work on the train that has crashed. She is watching a
news bulletin on television when she believes that she sees her husband being carried away
from the wreckage. Claire is pregnant and, thinking that he might be dead, she suffers
nervous shock and has a miscarriage.
[8]
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Section C: Criminal Liability
Answer one question only from this section.
5
Kevin needs transport to return to university with all his possessions. Knowing that his brother is
on holiday and believing that he can return the car before his brother gets back, Kevin takes his
brother’s car without his permission. Kevin starts the journey with his girlfriend, Nadine, as
passenger. On the way, they stop to fill up the petrol tank of the car and pull away from the petrol
station without paying for the fuel. Later they stop for an hour to do some shopping before
resuming their journey. Kevin is trying to make up the time lost due to their stops and, in doing so,
overtakes another car on a bend in the road. The car driven by Kevin collides with another vehicle
and both Nadine and the driver of the other car are killed.
With reference to the case situation above and using decided cases to support your arguments,
discuss:
(a) the offences, if any, with which Kevin could be charged and what the prosecution would need
to prove to establish liability for each offence;
[20]
and
(b) whether you think that Kevin would be convicted of any offence.
6
[5]
Archie is employed to protect the pheasants on Lord Melchett’s estate from poachers.
One day, from a distance, he sees Liam and Craig on the estate and, knowing them to be
poachers, he decides to ‘rid himself of the problem for all time’ and fires his shotgun at them. Both
Liam and Craig are only wounded, however, but do need to be taken to hospital for treatment. On
the way to hospital the brakes on the ambulance fail, it leaves the road and overturns on a bend
and Liam dies in the accident.
With reference to the case situation above, discuss, using decided cases to support your
arguments:
(a) the offences, if any, with which Archie could be charged and what the prosecution would
need to prove to establish liability for each offence;
[20]
and
(b) whether you think that Archie would be convicted of any offence.
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[5]