Scheme of work – Cambridge International AS & A Level [subject] (code)
Scheme of work
Cambridge International AS and A Level
Law
9084
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Cambridge International AS and A Level Law (9084)
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Scheme of work – Cambridge International AS and A Level Law (9084)
Contents
Overview ..................................................................................................................................................................................................................................................... 3
Papers 1 and 2 Structure and operation of the English Legal System ................................................................................................................................................ 6
Unit 1: AS and A Level – Sources of law .................................................................................................................................................................................................... 6
Unit 2: AS and A Level – Machinery of justice .......................................................................................................................................................................................... 10
Unit 3: AS and A Level – Legal personnel ................................................................................................................................................................................................ 13
Paper 3 Law of Contract.......................................................................................................................................................................................................................... 15
Unit 1: A Level – Formation of valid contracts .......................................................................................................................................................................................... 16
Unit 2: A Level – Contents of contracts .................................................................................................................................................................................................... 21
Unit 3: A Level – Vitiating factors .............................................................................................................................................................................................................. 24
Unit 4: A Level – Remedies for breach ..................................................................................................................................................................................................... 27
Paper 4 Law of Tort ................................................................................................................................................................................................................................. 29
Unit 5: A Level – Negligence and occupier’s liability ................................................................................................................................................................................ 30
Unit 6: A Level – Private nuisance and Rylands v. Fletcher ..................................................................................................................................................................... 35
Unit 7: A Level – Trespass ........................................................................................................................................................................................................................ 38
Unit 8: A Level – Remedies ...................................................................................................................................................................................................................... 41
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Scheme of work – Cambridge International AS and A Level Law (9084)
Overview
This scheme of work provides ideas about how to construct and deliver an AS and A Level course. Please refer to the latest syllabus (9084) when using this scheme
of work.
Recommended prior knowledge
Candidates beginning the course are not expected to have studied law previously.
Outline
Class activity, whole class (W), group work (G) and individual activities (I) are indicated throughout this scheme of work. The activities in the scheme of work are
only suggestions and there are many other useful activities to be found in the materials referred to in the learning resource list.
Suggested teaching order
No specific advice can be given on teaching order, although it may be a good idea to start with issues where the learners may have some background knowledge
through local or international news items or perhaps some interest in issues concerned with careers (legal profession).
Suggested time allocation
No specific advice is given regarding the time to be spent on each unit and each teacher will make their own assessment in their own particular circumstances.
However, it is recommended that time be built into any scheme of work for examination and discussion of Cambridge past papers and mark schemes.
Assessment objectives
Candidates are expected to:




Demonstrate knowledge and understanding of the specified unit contents
Recall, select, use and develop knowledge of legal principles and rules by means of example and citation
Analyse and evaluate legal materials, situations and issues and accurately apply principles and rules
Use appropriate legal terminology to present logical and coherent argument and communicate relevant material in a clear and concise manner.
These objectives should be kept in mind at all times and applied to all appropriate circumstances.
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Teacher support
Teacher Support is a secure online resource bank and community forum for Cambridge teachers at http://teachers.cie.org.uk where you can download specimen
and past question papers, mark schemes and other resources. We also offer online and face-to-face training; details of forthcoming training opportunities are posted
online.
An editable version of this scheme of work is available on Teacher Support at http://teachers.cie.org.uk in Word format. If you are unable to use Word, you can
download Open Office for free at www.openoffice.org
Resources
Papers 1 and 2
Elliott, E and Quinn, F. AS Law, Longman, 2006. ISBN: 9781405836180
Elliott, E and Quinn, F. English Legal System, Longman 2011. ISBN 9781408267066
Martin, J. The English Legal System, Hodder Education, 2010. ISBN 9781444107586
Slapper, G and Kelly, D. The English Legal System, Routledge-Cavendish, 2012. ISBN 9780415689878
Paper 3
Elliot, E and Quinn, F. Contract Law, Longman, 2011. ISBN: 9781408282915
Paper 4
Elliott, E and Quinn, F. Tort Law, Longman, 2011. ISBN: 9781408286371
Online resources
www.tutor2u.net general resource on AS/A Level study
www.hmcourts-service.gov.uk detail on the court system
www.parliament.uk information and resources on Parliament
www.parliament.uk/education educational resources on Parliament
http://magazines.philipallan.co.uk/Magazines/A-Level-Law-Review.aspx magazine for A Level students
www.amnesty.org.uk resources on suspects’ rights
https://www.gov.uk/ general legal information
http://lawcommission.justice.gov.uk/ Law commission website, law reform
www.bbc.co.uk relevant news stories, some educational content on courts, legal profession, etc.
www.justice.gov.uk Ministry of Justice
www.hmcourts-service.gov.uk information on courts and judiciary
www.adviceguide.org.uk general legal advice
www.justice.gov.uk/tribunals/employment employment tribunals
www.acas.org.uk acas
http://ybtj.justice.gov.uk/ criminal justice resources
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www.homeoffice.gov.uk/police police resources
www.justice.gov.uk information on the legal system, news stories, etc.
www.thelawyer.com legal profession
www.lawsociety.org.uk solicitors
www.barcouncil.org.uk barristers
www.judiciary.gov.uk judges
www.cps.gov.uk Crown Prosecution Service
www.magistrates-association.org.uk Magistrates
http://sentencingcouncil.judiciary.gov.uk/ sentencing
http://ybtj.justice.gov.uk/ sentencing
http://sentencingcouncil.judiciary.gov.uk/ sentencing
© Cambridge International Examinations 2013
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Scheme of work – Cambridge International AS and A Level Law (9084)
Papers 1 and 2 Structure and operation of the English Legal System
Unit 1: AS and A Level – Sources of law
Recommended prior knowledge
Candidates beginning this course are not expected to have studied law previously.
Context
This unit is concerned with the sources from which English law is drawn. It introduces fundamental terminology, concepts and ideas as well as techniques of
interpretation.
Outline
This unit introduces the learners to the principal historical and modern day sources of English law. This unit looks at the nature of law, and various sources of
English Law. This includes Common Law, Equity, Precedent, Legislation and Delegated Legislation and associated terminology and example. In addition it looks at
the interpretation of statutes and the prompts for law reform. Learners also consider the impact of human rights legislation.
Syllabus ref
Learning objectives
Suggested teaching activities
Learning resources
1.1
Nature and classification of law
Appreciate the differences between civil and criminal liability.

Comparison of law, rules and
morals.

The main classifications of
law in England and Wales:
criminal/civil law;
public/private and public
international/private
international law. Rules of law
within these classifications.
Class activity Worksheets based on news items where students can
identify civil and criminal terms and identify the types of liability and
courts and processes used.
Local newspapers as available or UK
newspapers online such as
www.theguardian.com and
www.telegraph.co.uk
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Syllabus ref
Learning objectives
Suggested teaching activities
Learning resources
1.2
Common Law and Equity
Historical overview charting the development of law from customary law
to the creation of common law and the development of equity in
response to societal problems. Awareness of remedies, maxims and
equitable concept.
Textbooks such as Elliott & Quinn
1.3

The development of the
Common Law of England and
Wales; Custom.

Historical development of
Equity and its modern day
applications.
Doctrine of precedent

1.4

Judicial tools: distinguishing,
overruling, reversing.

Nature and authority of
precedent with examples.
Hierarchy of courts.

Development of doctrine
within House of Lords
(Practice Statement 1966)
and Court of Appeal (Young’s
case).

Advantages and
disadvantages.
Use of appropriate case example to illustrate these concepts. Learners
should seek out modern day applications where possible.
Understand the technical terminology in this area, historical development
and concept of precedent.
www.tutor2u.net
http://www.justice.gov.uk/about/hmcts/
Appreciate the relevance of the hierarchy of the courts. Case notes on
illustrative cases concerning the position of the Court of Appeal and
Supreme Court.
Class activity Classroom discussion on the advantages and
disadvantages of such a system.
Legislation
Be able to identify the role and method of legislative law making.
www.parliament.uk

Understand and be able to explain appropriate terminology.
http://www.parliament.uk/education/

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The doctrine of Stare Decisis.
Class activity A series of mini case studies where learners can identify
the appropriate remedy/maxim/ concept etc.
Why legislation is necessary
(to amend or repeal existing
legislation, to change or add
to the common law, to codify
or to consolidate law).
Examples of use in each
case.
Class activity Learners create a diagram of the legislative process
with appropriate commentary.
The legislative process.
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Syllabus ref
Learning objectives
Suggested teaching activities
Learning resources
1.5
Statutory interpretation (SI)
Discover the definition and function of the various approaches and tools
of SI.
http://magazines.philipallan.co.uk/Maga
zines/A-Level-Law-Review.aspx
Understand the problems with the approaches and how Judges
approach the issues.
Textbooks such as Elliott & Quinn


The role of the judiciary as
interpreters of statutes (Acts
of Parliament).
Common law rules of
interpretation, rules of
language, presumptions,
intrinsic and extrinsic aids (in
particular, Hansard and
Pepper v. Hart).
Class activity Learners create factsheet on each approach for use in
revision. Include problems and advantages.
Use cards to attempt past paper questions as groups.
Past papers and mark schemes from
http://teachers.cie.org.uk
Complete research exercises on rules of language and presumptions.
Research and report back to class on use of Hansard. Use information
to attempt past paper questions individually then compare to mark
schemes. Understand the tools used to discover the intention of
Parliament.
Be able to apply the rules of language to real life examples.
1.6
Delegated legislation
Explanation of what DL is, why it is needed and how it is created.

Understand the need for controls and be able to describe the control
processes. List the essential facts concerning DL.

1.7
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The meaning of and reasons
for delegated legislation.
Importance and reasons for it
as a source of law. Types of
delegated legislation.
Controls: pre-drafting
consultation, parliamentary
proceedings, judicial review
and publicity.
Human Rights

Introduction to Human Rights.

European Convention on
Human Rights; reasons for
and application of Human
Rights Act 1998; role of
European Court of Human
Rights.
Textbooks such as Elliott & Quinn
Past papers and mark schemes from
http://teachers.cie.org.uk
Understand how this material may be tested in examination.
Class activity Learners complete a factsheet explanation of each type
of DL, why it is needed and the available controls. This should also
include evaluative commentary.
Explanation of historical background to current legislation and issues.
European Convention and ECHR. Evaluation of effectiveness of
legislation and examination of current and relevant case law.
www.amnesty.org.uk
https://www.gov.uk/
Class activity Research into current cases of note.
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Syllabus ref
Learning objectives
Suggested teaching activities
Learning resources
1.8
Law reform
Discussion of reasons for law reform, pressure groups, political
influence, public opinion.
http://lawcommission.justice.gov.uk/


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Impetus for reform: role of
Parliament and judges; effect
of public opinion and pressure
groups.
www.bbc.co.uk
Law reform agencies, historical development and current role.
Class activity Learners select an area of proposed law reform and
plan a campaign.
Agencies of reform: role of
Law Commission; Royal
Commissions and other
agencies in outline.
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Scheme of work – Cambridge International AS and A Level Law (9084)
Unit 2: AS and A Level – Machinery of justice
Recommended prior knowledge
Learners beginning this course are not expected to have studied law previously.
Context
This unit is concerned with the institutions and processes involved with the resolution of legal matters.
Outline
This unit introduces the learners to the mechanisms, systems and processes within the English Legal System. This unit looks at the processes and institutions
involved in the resolution of legal matters, and includes Civil Courts, Alternative Dispute Resolution methods, Criminal Courts and processes (including Police
Powers), and sentencing.
Syllabus ref
Learning objectives
Suggested teaching activities
Learning resources
2.1
Civil courts
Overview of jurisdiction of civil courts, role and function.
http://www.justice.gov.uk/

Class activity Learners prepare presentations on each court.
http://www.justice.gov.uk/about/hmcts/
Appeals system and appeals courts, grounds for appeal and pathways.
www.adviceguide.org.uk

2.2
The Appeal Courts and
appeals system in general,
including the appellate
jurisdiction of the Divisional
Courts within the High Court.
Alternative methods of dispute
resolution

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Jurisdiction of Magistrates
Courts, County Court, Crown
Court and High Court.
Class activity Learners prepare flow charts showing pathways and
grounds.
Explanation of role and function of tribunals, enquiries, conciliation and
arbitration, critical analysis and controls.
http://www.justice.gov.uk/about/hmcts
www.employmenttribunals.gov.uk
Tribunals, enquiries,
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Syllabus ref
Learning objectives
conciliation and arbitration.
2.3

Reasons for establishment;
functions; respective
advantages and
disadvantages.

Control of tribunals.
Criminal process

Police powers: PACE – stop
and search; arrest; detention
and treatment of suspects at
police station.

Right to silence.

Pre trial matters: bail, mode of
trial, committal proceedings.
Suggested teaching activities
Learning resources
Class activity Practice with past paper questions and mark schemes.
www.acas.org.uk
Discussion of police powers of stop search, arrest, detention, treatment
of suspects in police station and the impact of PACE 1984 and
associated codes of practice.
http://ybtj.justice.gov.uk/
Class activity Using the mini scenarios (on the You be the Judge
website http://ybtj.justice.gov.uk) dealing with these issues, discussion of
findings and adequacy of system.
www.adviceguide.org.uk
http://www.homeoffice.gov.uk/police/
Explanation of right to silence and impact on suspects.
Investigation of pre-trial matters, bail, decision on mode of trial and
committal.
Class activity Learners follow a fictional case through the court system
offering advice by way of memos and letters at each stage.
2.4
Criminal courts
Overview of jurisdiction of criminal courts, role and function.
http://ybtj.justice.gov.uk/

Class activity Learners prepare presentations on each court.
http://www.justice.gov.uk/

2.5
The Appeal Courts and
appeals system in general,
including appeals to the
Divisional Court, Court of
Appeal and House of Lords.
Sentencing principles and
sanctions of courts

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Role and jurisdiction of
Magistrates and Crown
Courts.
Aims of sentencing; purpose
and effect of sentences.
Appeals system and appeals courts, grounds for appeal and pathways.
Class activity Learners prepare flow charts showing pathways and
grounds.
Discuss aims of sentencing, illustrating each aim with an appropriate
sentence. Explain the range of sentences available for both adult and
young offenders.
Class activity Learners create a series of revision cards/factsheets on
Cambridge International AS and A Level Law (9084)
http://sentencingcouncil.judiciary.gov.uk
http://ybtj.justice.gov.uk/
http://sentencingcouncil.judiciary.gov.uk
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Syllabus ref
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Learning objectives
Suggested teaching activities
Learning resources

Types of sentence: custodial,
community, fines and
discharge, compensation,
other powers.
each type of sentence adding relevant detail on aims of sentencing
where appropriate.
/

Young offenders.
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Scheme of work – Cambridge International AS and A Level Law (9084)
Unit 3: AS and A Level – Legal personnel
Recommended prior knowledge
Learners beginning this course are not expected to have studied law previously.
Context
This unit is concerned with the key legal personnel involved in the resolution of legal matters.
Outline
This unit introduces the learners to the roles and personnel, both qualified and lay, who work within the English Legal System. This unit introduces the key legal
personnel involved in the resolution of legal matters, and includes Barristers, Solicitors, Judiciary, the Crown Prosecution Service, Lay Personnel (Jury and
Magistracy) and the Lord Chancellor.
Syllabus ref
Learning objectives
Suggested teaching activities
Learning resources
3.1
Barristers and solicitors
Explain the differing training and roles of barristers and solicitors and the
concept of independence. Discussion on the overlap between the
professions.
www.justice.gov.uk
3.2
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
Independence; role;
recruitment.

Overlap of roles.
The judiciary

Role; recruitment and
dismissal; training and
education.

Judicial independence.
Class activity Learners prepare letters of advice to learners wishing to
enter the legal professions, covering the above issues.
Description of the role, process of recruitment and selection, dismissal
and training of the professional judiciary. Discussion of the concept of
political, financial and personal independence of the judiciary.
www.thelawyer.com
www.lawsociety.org.uk
www.barcouncil.org.uk
www.judiciary.gov.uk
Class activity Learners prepare and deliver presentations on each
level of the judiciary explaining the above issues. Use of Cambridge past
paper questions and mark schemes to practise exam techniques.
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Syllabus ref
Learning objectives
Suggested teaching activities
Learning resources
3.3
The Crown Prosecution Service
Discussion of the role and function of the Crown Prosecution Service,
awareness of the historical background, statutory basis and reasons for
creation.
www.cps.gov.uk

Function of the service.
Class activity Learners research task using online resource to create a
revision factsheet on the service.
3.4
Role of lay personnel

3.5

Juries: qualifications; role in
civil and criminal cases.

Alternatives to use of juries.

Criticism of the use of lay
personnel.
Lord Chancellor

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Magistrates: qualifications;
selection; training; function in
civil and criminal cases;
advantages and
disadvantages; role of
Magistrates’ Clerk.
Explanation of the Magistracy, their selection, qualification, training and
role in both civil and criminal courts. Discussion on the effectiveness of
the Magistracy.
www.magistrates-association.org.uk
https://www.gov.uk/
Class activity Mini case studies advising individuals whether or not
they would be able to become a Magistrate.
Explanation of the role, selection and qualification of Jury members.
Discussion of the effectiveness of the jury and examination of alternative
methods of decision making in the courts.
Class activity Use of Cambridge past paper questions and mark
schemes to construct appropriately analytical answers.
Class activity Debate on whether it is appropriate to use laymen in the
English Legal System.
Discussion on the appointment, role and function of the Lord Chancellor.
www.parliament.uk
Appointment; role.
Cambridge International AS and A Level Law (9084)
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Scheme of work – Cambridge International AS and A Level Law (9084)
Paper 3 Law of Contract
Recommended prior knowledge
Before embarking on a study of Law of Contract, it is recommended that learners have studied the Structure and operation of the English Legal System (curriculum
content 4.1) which is covered in the preceding units of this scheme of work.
In particular, it will be helpful to have studied the mechanics of the English legal system (Unit 2: Machinery of justice) so as to appreciate the way in which contract
law is applied by the court structure. In addition, such study will underpin the principles inherent in the application of detailed provisions of law. An understanding of
the origins of law (Unit 1: Sources of law) is also important and an awareness of the relative contributions of Parliament, the judiciary and Equity will inform any
appreciation of contract law, its application, fairness and effectiveness in a modern legal system. An understanding of the roles of those who work within the English
Legal System (Unit 3: Legal personnel) is also a pre-requisite for this course.
Context
This scheme of work provides an understanding of the fundamental aspects of contract law. It begins with an introduction to the importance of contract law in
modern society and an appreciation of the basic rules and principles which govern the creation of any valid contract – no matter how big or how small. The unit then
moves on to deal with the specific components of contracts and some important factors which can affect the validity of a contract. As well as investigating the
capacity to make a valid contract and the terms under which such an act can be performed, the study of this area of law also explores the remedies available when a
contract fails and so gives an overview of the practicalities of contract law and the steps taken to ensure that it protects and compensates those who are regulated
by its provisions.
Outline
This scheme of work for Paper 3 follows a step-by-step approach beginning with a contextualisation of the law followed by the ways in which a valid contract can be
created before moving onto an in-depth exploration of the specific terms contained in contracts. Next follows detail on the factors which may prevent a contract
having validity and concludes with the remedies available in such a case and the way in which they are applied.
The units within the scheme of work for Paper 3 are:
Unit 1: A Level – Formation of valid contracts
Unit 2: A Level – Contents of contract
Unit 3: A Level – Vitiating factors
Unit 4: A Level – Remedies for breach
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Scheme of work – Cambridge International AS and A Level Law (9084)
Unit 1: A Level – Formation of valid contracts
Recommended prior knowledge
This unit introduces core knowledge of contract law and should be studied first (of the four units in this section) as the principles it introduces underpin the Law of
Contract. An awareness of the role of contracts in commercial and everyday life will be helpful as well as an appreciation of the wide variety of contracts which affect
all our lives – those between individuals and companies being only two of many possible examples.
Context
This unit provides an understanding of the initial concepts which underpin a contract if it is to be valid – an offer from one party to the contract and acceptance by the
other. It explores the fundamental principles of an agreement, the various and specific ways in which an offer can be made and variations on a standard offer. After
this the concept of acceptance is explored with, finally, specific exceptions to the normal principles in this area of law being investigated.
Outline
The unit begins with an exploration of the nature of an offer, the distinction between an offer and an invitation to treat and the principles relating to a counter offer. It
then moves on to specific exceptions such as requests for information and termination. The next step is to consider the concept of acceptance before looking at
unusual situations with which the courts have been asked to deal such as auctions, tenders, collateral contracts, multipartite agreements and machines.
Syllabus ref
Learning objectives
Suggested teaching activities
Learning resources
1.1
Nature of contract
What is a contract?
www.bailii.org


Teacher-led introduction to provide context on basic principles
involved and their importance to the law of contract. Explanation of
the law through the case of Carlill v Carbolic Smoke Ball Company
(1893).

Discussion – What contracts have you made? How did you make
them? What did you do if there was a problem? (W)
Agreement; unilateral;
bilateral; collateral.

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Research activity – learner presentations about contracts which
affect our lives – buying basic essentials contrasted with other goods
such as mobile phone contracts. Use the website opposite as a
Cambridge International AS and A Level Law (9084)
www.weblaw.co.uk/articles/how-tocontract-online/
16
Syllabus ref
Learning objectives
Suggested teaching activities
Learning resources
starting point for research.
1.2
Offer and acceptance
What is an offer?

 Research activity – think about different ways in which an offer can
be made and the factors which are important – make a list of as
many factors as possible and then discuss them in a group. (I) (W)
Principles and evidence:
offers; invitation to treat;
counter offers; requests for
information; termination;
acceptance.
How is an invitation to treat different?
http://news.bbc.co.uk/1/hi/business/441
740.stm
 Look at the website opposite. Make a presentation on the different
situations where an invitation to treat is used and the reasons for the
concept. (G)
http://www.e-lawresources.co.uk/Offerand-acceptance-contract.php
What is a counter-offer?
 Research activity – using cases such as Hyde v Wrench (1840)
explain the meaning of a counter offer and critically analyse its use in
the law. (I)
How can an offer be terminated?
 Research activity – write a summary of the ways in which an offer
can be terminated, supporting what you say with at least one relevant
case. (I)
What constitutes valid acceptance?
 Timeline – show the development of the concept of acceptance
through a timeline using summaries of decided cases. (I)
 Using the websites opposite make a mind map detailing the different
ways in which an offer can be accepted – give a brief definition of
each way and link to at least one relevant case. (I)
 Discussion – Is the postal rule a good rule? (G)
 Exam questions – both essay and hypothetical problem/case study
questions can help learners to develop their skills.
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Syllabus ref
Learning objectives
Suggested teaching activities
1.3
Intention
What is an intention to create legal relations?

 Teacher led introduction dealing with basic principles and the
relationship between policy, presumption and rebuttals.
Reason for requirement;
presumption and rebuttal in
commercial and
social/domestic agreements.
 Why is it necessary?
 Research task – using the website opposite make summaries of the
leading cases on intention to create legal relations.
Learning resources
www.e-lawresources.co.uk/Intention-tocreate-legal-relations.php
www.bailii.org
 Discussion – why is an intention to create legal relations such an
important area in the law of contract? (W)
What happens in social and domestic situations?
 Research task – analyse the reasoning in Balfour v Balfour (1919) to
illustrate the presumption in domestic cases. (I)
What happens in commercial situations?
 Research task – analyse the reasons given in Esso v CCE (1976) to
illustrate the presumption in commercial cases. (I)
 Discussion – compare the majority and minority reasoning in Esso to
assess which is the most convincing. (W)
http://www.insitelawmagazine.com/ch2i
ntention.htm
 Revision task – make a mind map to distinguish between domestic
and commercial situations – link to decided cases to reinforce
learning. (I)
 Revision task – listen to the lecture on the website opposite. Make
your own notes and then create revision flashcards for this topic. (I)
 Essay – Is the doctrine of intention to create legal relations based on
considerations of policy or does the court genuinely seek to discover
the intention of the parties? (I)
 Exam questions – both essay and hypothetical problem/case study
questions can help learners to develop their skills.
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Syllabus ref
Learning objectives
Suggested teaching activities
1.4
Consideration
What is consideration?

 Teacher-led introduction on key aspects of this topic and the idea of
consideration as a ‘badge of enforceability’.
Nature and function;
sufficiency/adequacy, past,
performance of existing
duties; promissory estoppel.
Learning resources
When is consideration adequate or sufficient?
 Application of the different situations where an offer may be made for
an existing obligation to a series of problem scenarios in order to
clarify when each applies.
 Essay – Critically evaluate, using examples to illustrate your answer,
the phrase ‘consideration must be sufficient but it need not be
adequate’. (I)
 Using the website www.bailii.org prepare a presentation on Pinnell’s
Case (1602) and exceptions. (I)
What is past consideration?
 Research activity – write a summary of the facts and legal principle in
Pao On v Lau Yiu Long (1979) and discuss past consideration,
economic duress and third party consideration.
www.e-lawresources.co.uk/Pao-on-vLau-Yiu-Long.php
http://www.insitelawmagazine.com/ch5c
onsideration.htm
Performance of existing duties
 Read and listen to the lecture on the website opposite and write a
brief summary of the key points. (I)
What is promissory estoppel?
 Debate – This house believes that the role of promissory estoppel is
so important in the law of contract that it should be more than a
defence. (W)
 Exam questions – both essay and hypothetical problem/case study
questions can help learners to develop their skills.
1.5
v0.16 3Y10
Capacity
Why is capacity important?

Reason for limitation.


Minors’ contracts:
necessaries; employment and
training; continuing
obligations; main provisions of
Minors’ Act 1987.
Teacher information on basic principles and particular groups
affected by capacity.

Discussion – Why is capacity so important from both a moral and
legal perspective? (W)
Situation with regard to minors
Cambridge International AS and A Level Law (9084)
http://en.wikipedia.org/wiki/Capacity_in_
English_law
19
Syllabus ref
Learning objectives
Suggested teaching activities


Corporations, Persons of
unsound mind, drunkards: a
basic outline.
Research – make a chart of the restrictions placed on a minor’s
capacity to make a contract. Use the two websites opposite as a
starting point. (I)
Situation with regard to corporations, those of unsound mind and
drunkards
v0.16 3Y10

Research and summary activity – learners work in pairs read the
article in the website opposite and produce a summary of the most
important points it contains. (G)

Exam questions – both essay and hypothetical problem/case study
questions can help learners to develop their skills.
Cambridge International AS and A Level Law (9084)
Learning resources
www.inbrief.co.uk/contractlaw/capacity-in-contract-law.htm
http://www2.accaglobal.com/pubs/stud
ents/publications/student_accountant/a
rchive/sa_sep08_koh.pdf
20
Scheme of work – Cambridge International AS and A Level Law (9084)
Unit 2: A Level – Contents of contracts
Recommended prior knowledge
This unit builds on the principles explored in the previous unit so it is best to be familiar with the fundamental form of a contract before embarking on a study of a
contract’s component parts.
Context
This unit begins to look in detail at the various elements which go to make up a contract and are essential when assessing whether a contract is valid. The absence
of one or more of these elements may also be important if constructing liability for breach of contract and, if this is the case, reaching a conclusion as to the most
appropriate remedy.
Outline
The unit introduces learners to the elements of a contract through common law and statutory liability. It also demonstrates the logical methods used when
constructing contractual liability by investigating the different types of terms that can be incorporated into any given contract to give it binding status in the eyes of the
law and to create rights and duties for the parties to the contract. It goes on to explore the nature of exclusion clauses and looks at the role of both the judges and
Parliament in this area.
Syllabus ref
Learning objectives
Suggested teaching activities
2.1
Types of term
 Learners need to understand the basic principles involved and their
importance to the law of contract. This is best achieved by a teacher-led
introduction to provide context.
 Express; implied (by statute
only: Sale of Goods Act 1979
as amended).
v0.16 3Y10
Learning resources
 Discussion based on learner experiences of making a contract – perhaps
to buy food or clothing. Use the website opposite to help you use the
correct terms in your discussion. (W)
www.tutor2u.net/law/notes/contractexpress-implied-terms.html
 Research activity – learner presentations about contracts which affect our
lives – buying basic essentials contrasted with other goods such as mobile
phone contracts. In small groups look at different kinds of contracts and
then report back to the whole group on points of similarity and difference.
http://uk.blackberry.com/
Cambridge International AS and A Level Law (9084)
www.bookshop.blackwell.co.uk,
www.marksandspencer.com
21
Syllabus ref
Learning objectives
Suggested teaching activities
The websites opposite offer some suggestions but a whole range of
contracts can be explored. Pay particular attention to the terms and
conditions pages on these websites. (G) (W)
 Analyse the key sale of goods terms by summarising them. Use the
website opposite to help summarise the key terms. (I)
 Using the website opposite construct some scenarios which cover the
provisions of the SGA. (I) Learners work with a group to work out the best
answer to the issues in the scenarios which have been constructed. (G)
 Research activity – learners choose a product and then make a contract
using the website opposite.
2.2
Status of terms
 Conditions, warranties,
innominate terms
 Nature; examples; effects of
breach
Control of exemption clauses
 Common law: rules of
incorporation; contra
preferentem.
 Statutory: Unfair Contract
Terms Act 1977; Unfair
Terms in Consumer
Contracts Regulations 1999.
 Learners write a summary of the judgement in Hong Kong Fir v Kawasaki
(1961) using the website opposite. (I)
www.bailii.org/ew/cases/EWCA/Civ/
1961/7.html
 Learners construct a flow chart to illustrate the decision making process
for categorisation of a term. Use the website opposite to highlight the key
cases which need to be summarised on the chart. (I)
www.oft.gov.uk/about-the-oft/legalpowers/legal/unfair-terms/guidance
 Teacher-led introduction to give context as to importance, and use, of
exemption clauses.
 Research activity – learners make a mind map to illustrate the common
law rules in this area, including summaries of the cases indicated in the
website opposite. (I)
 In pairs, learners summarise the key provisions of the UCTA 1977 using
the website opposite. (G) Then make a presentation on what they find to
the whole group. (W)
 Learners use the website opposite to write a revision summary of the
Unfair Terms in Consumer Contract Regulations 1999. (I)
 Revision exercise – learners make a revision mind map to cover the key
areas of exclusion clauses. (I)
v0.16 3Y10
http://www.legislation.gov.uk/ukpga/
1979/54
http://www.which.co.uk/consumerrights/regulation/sale-of-goods-act/
http://www.which.co.uk/consumerrights/problem/what-do-i-do-if-ihave-a-faulty-product/
 Teacher-led discussion on the historical development from conditions and
warranties to innominate terms to provide context.
 Exam questions – both essay and hypothetical problem/case study
questions can help learners to develop their skills.
2.3
Learning resources
Cambridge International AS and A Level Law (9084)
www.e-lawresources.co.uk/Unfairterms---regulation-by-commonlaw.php
http://www.legislation.gov.uk/ukpga/
1977/50
http://www.legislation.gov.uk/uksi/19
99/2083/contents/made
22
Syllabus ref
Learning objectives
Suggested teaching activities
Learning resources
 Class activity – to see the impact this law has on many aspects of life,
learners work in small groups to look at different examples of contracts
and then discuss their findings as a group.
www.oft.gov.uk/about-the-oft/legalpowers/legal/unfair-terms/guidance
 Essay – To what extent do the UTCCR 1999 improve the law of contract
for consumers? (I)
 Exam questions – both essay and hypothetical problem/case study
questions can help learners to develop their skills.
v0.16 3Y10
Cambridge International AS and A Level Law (9084)
23
Scheme of work – Cambridge International AS and A Level Law (9084)
Unit 3: A Level – Vitiating factors
Recommended prior knowledge
This unit considers the main factors which can lead to a contract being declared invalid. This means that to appreciate this area fully the study of a contract and its
component parts needs to be understood before embarking on this unit.
Context
Having looked at the need for contracts to regulate behaviour, of both a social and commercial nature, and the components necessary to create a valid contract, this
unit looks at the way in which a contract can be vitiated, which means declared invalid. This is important to protect one party to the contract who has perhaps not
understood the terms to which they have apparently agreed, or they have made a mistake about the contract to which they have agreed or they have been misled as
to the reality of the contract into which they have entered. It is an essential area of the law to ensure that the law is fair and those who need it can be protected from
unscrupulous parties.
Outline
The unit begins with an exploration of the need for vitiating factors and how they work before moving on to a detailed consideration of area such as
misrepresentation. Here the role of the judges, Equity and Parliament are all explored. The unit moves on to consider the types of mistake which can render a
contract invalid and finally moves on to look at the passing of void and voidable title.
Syllabus ref
Learning objectives
Suggested teaching activities
3.1
Vitiating factors
Teacher-led introduction to give examples of vitiating factors and
context. For example, mutual mistake or fraud can vitiate a contract.
 Reasons; invalidating effect.
3.2
Misrepresentation
 Definition; when actionable
 Types: innocent, negligent
and fraudulent
v0.16 3Y10
Learning resources
This topic can be complex, it is easier if introduced to learners in smaller http://www.englishlawlectures.blogspot.co.
parts. The blog opposite has a number of examples of
uk/2008/05/contract-law-vitiating-factorsmisrepresentation.
1.html
 Learners make a summary of the key types of misrepresentation and http://www.elawresources.co.uk/Misrepresentation.php
Cambridge International AS and A Level Law (9084)
24
Syllabus ref
Learning objectives
Suggested teaching activities

 Learners make a summary of the way remedies operate using the
e-lawresources website. (I)
Learning resources
the relevant cases given in the website opposite. (I)
Effects on validity of contract;
remedies at Common Law, in
Equity and by statute
(Misrepresentation Act 1967).
 Learners make a summary of the key provisions of the
Misrepresentation Act 1967 using the website opposite to help you.
(I)
www.legislation.gov.uk/ukpga/1967/7
 Group activity – using the key questions indicated here learners
construct a problem question for another group to answer:

Has there been a false statement of fact and did it induce the
other party into the contract?

What kind of misrepresentation has taken place?

Can damages be claimed and how is the amount worked out?

Is rescission available and, if so, why will this be the case? (G)
 Exam questions – both essay and hypothetical problem/case study
questions can help learners to develop their skills.
3.3
Mistake
 Teacher-led introduction to give examples and context.
 General rule and exceptions
 Research activity – learners analyse the key points of Great Peace
Shipping (2002) to chart the historical development of mistake,
looking in particular at the role of both Common Law and Equity. (I)
 Operative mistakes: common,
mutual (cross purpose),
unilateral.
 Mistakenly signed documents;
non est factum
 Effect at Common Law and in
Equity
 Using the websites opposite, learners make a revision chart to
explain and illustrate the different types of mistake which can impact
on a contract. (I)
http://en.wikipedia.org/wiki/Mistake_(contr
act_law)
 Discussion – What impact do the decisions in Solle v Butcher (1949) http://www.inbrief.co.uk/contractand Great Peace Shipping (2002) have on the current law and the
law/mistakes-in-contracts.htm
doctrine of precedent? (W)
 Research task – learners make a list of examples of non est factum,
use the website opposite to give you terms of reference. (I)
www.gillhams.com/dictionary/300.cfm
 Learners analyse leading cases in common and mutual mistake in
order to identify key the elements required to render a contract void
for mistake.
 Learners make a revision mind map to cover the whole of this topic.
v0.16 3Y10
Cambridge International AS and A Level Law (9084)
25
Syllabus ref
Learning objectives
Suggested teaching activities
Learning resources
(I)
 Exam questions – both essay and hypothetical problem/case study
questions can help learners to develop their skills.
3.4
Passing of title under void and
voidable contracts.
 General rule
 Teacher-led introduction.
 Learner research – learners research the nemo dat rule using
websites and texts. (I)
 Nemo Dat Rule; sale under
 Using the website opposite, learners can make a list of examples
voidable title (Sale of Goods Act
when voidable title can be passed under the SGA 1979. (G)
1979 as amended).
 Extended research – using the website opposite learners write a
digest of the main points raised in the article and their impact on the
law of modern trade. (I)
v0.16 3Y10
Cambridge International AS and A Level Law (9084)
http://www.legislation.gov.uk/ukpga/1979/5
4/section/23
http://www.nadr.co.uk/articles/published/sh
ipping/003CHAPTERTHREETRADE2.pdf
26
Scheme of work – Cambridge International AS and A Level Law (9084)
Unit 4: A Level – Remedies for breach
Recommended prior knowledge
This unit provides an overview of the remedies available in Contract Law. Although some of these will have been dealt with, at least in outline, earlier in the course
here there is an opportunity to consider all the remedies together and so this unit is best suited to detailed study towards the end of the course although it contains
material which will be useful elsewhere.
Context
In this unit there is an opportunity to understand the range of remedies provided in contract law and to assess how they work and the remedies best suited to a given
situation. The role of both Common Law and Equity are considered, as well and the interrelationship between the two methods of obtaining a remedy.
Outline
The unit begins with an exploration of Common Law remedies, with the primary focus being on damages of various types and the policy used when awarding them
as well as the limitations inherent in their application. The Equitable remedies of specific performance, restitution and injunctions are also considered along with the
limitations on their application. The unit pulls together all aspects of remedies and considers the wider policy factors which underpin their use.
Syllabus ref
Learning objectives
Suggested teaching activities
4.1
Common Law remedies
 Discussion – Why do we need remedies? What makes a good
remedy? (W)
 Damages – nature and
purpose
 Teacher-led information on the range of Common Law remedies.
Learners use the website opposite to develop their own materials. (I)
http://www.goldsmithibs.com/resources/
free/Breach-of-Contract/notes/Breachof-Contract-Remedies.pdf
Mitigation and remoteness
 Summary activity – learners read the article in the website opposite
and make a presentation to illustrate its key points. (I)
http://www.lawdit.co.uk/reading_room/r
oom/view_article.asp?name=../articles/r
emedies%20for%20breach%20of%20c
ontract.htm
v0.16 3Y10
Cambridge International AS and A Level Law (9084)
Learning resources
27
Syllabus ref
Learning objectives
Suggested teaching activities
Learning resources
 Research activity – learners make a mind map of the different kinds
of remedies that can be awarded and include a summary of key
cases. (I)
 Group activity – using the website opposite learners work in a group
to create different scenarios in which there might be a breach of
contract. Learners pass the scenario to another group who has to
decide if a breach has taken place and what the remedy is likely to
be. (G) (W)
http://www.contractsandagreements.co.
uk/breach-of-contract.html
 Discussion – To what extent is it true to say that the rules relating to
remedies are necessary but restrict justice? (W)
 Revision task – learners summarise the types of damages covered
by the article in the website opposite and also make key notes on the
most important cases. (I)
http://www.practicallaw.com/7-1010603
 Learners make a revision mind map to help them learn the material in
this topic. (I)
4.2
Equitable

Teacher-led information and link back to relevant material covered in
earlier units.
 Specific performance, specific
restitution, injunction

Provide the learners with a list of cases which deal with equitable
remedies, the learners to write a short summary of each. (I)

Learners try the quiz in the website opposite. (I) (G)

Discussion – To what extent are the present rules on the limitation of
awards in contract law effective and fair? (W)

Learners make a revision mind map of this topic to help you learn
the material and the key cases. (I)

Exam questions – both essay and hypothetical problem/case study
questions can help learners to develop their skills.
 Nature and purpose
 Limitations on awards in
contract law
v0.16 3Y10
Cambridge International AS and A Level Law (9084)
http://wps.pearsoned.co.uk/ema_uk_he
_richards_contract_9/114/29307/75027
96.cw/index.html
www.slideshare.net/TLHume/remedies3703395
28
Scheme of work – Cambridge International AS and A Level Law (9084)
Paper 4 Law of Tort
Recommended prior knowledge
Before embarking on a detailed study of substantive law it will be helpful to have studied the mechanics of the English legal system so as to appreciate the way in
which the law of tort is applied by the court structure. In addition, such study will underpin the principles inherent in the application of detailed provisions of law. An
understanding of the origins of law is also important and an awareness of the relative contributions of Parliament, the judiciary and Equity will inform any
appreciation of the law of tort, its application, fairness and effectiveness in a modern legal system.
Context
This scheme of work provides an understanding of the fundamental aspects of the law of tort. It begins with an introduction to the importance of the law in modern
society, its role as a regulator of activity and an appreciation of the basic rules and principles which underpin its use. The scheme then moves on to deal with the
fundamental area of negligence and looks at its key components, as well as several specific areas in which its evolution is of particular importance. Other important
areas which affect everyday life, such as nuisance and trespass, are then explored in detail so as to understand the basis on which the law operates and its role in
regulation and protection. To complete the scheme there is an exploration of the remedies available to ensure that the law of tort is fair and effective in its application
so that it protects and compensates those who are regulated by its provisions.
Outline
This scheme of work for Paper 4 begins with a contextualisation of the law followed by an in-depth study of the law of negligence, its component parts and the two
associated torts of negligent misstatement and nervous shock. Next it looks at torts which regulate behaviour and also explores the principles associated with both
fault-based and strict liability before moving on to the study of trespass, both to land and the person, as an area of law where a direct infringement of rights can give
rise to liability. Finally the scheme concludes with a survey of the remedies available across the law of tort and the way in which they are applied.
The units within the scheme of work for Paper 4 are:
Unit 5: A Level – Negligence and occupier’s liability
Unit 6: A Level – Private nuisance and Ryland v. Fletcher
Unit 7: A Level – Trespass
Unit 8: A Level – Remedies
v0.16 3Y10
Cambridge International AS and A Level Law (9084)
29
Scheme of work – Cambridge International AS and A Level Law (9084)
Unit 5: A Level – Negligence and occupier’s liability
Recommended prior knowledge
This unit introduces the key topic of negligence which is at the root of all of the law of Tort. It should be studied first (of the four units in this section) as it deals with
basic concepts and principles which regulate human behaviour. An awareness of the breadth of this area is an important starting point in rationalising what happens
between parties in everyday life as well as being fundamental to the regulation of those with responsibilities so that protection under the law is reasonable, effective
and fair.
Context
This unit provides an understanding of the initial concepts which must underpin negligence and its development as a cornerstone of the civil law. Negligence has
gone through a considerable evolution, for which the judges have been largely responsible, and there are a large number of policy factors which have impacted on
the law’s development. At the heart of negligence lies the concept of a duty of care and the study of this area allows consideration of the many facets which come
together to construct liability. The application of the law has necessitated the extension of these basic concepts into precise areas such as nervous shock and these
will be explored too. The wider concept of duty will be explored through the relationship between an occupier and those who come on to land, whether lawfully or
unlawfully. Having constructed liability it is also important to consider any relevant defences so that the result in any given civil action can be seen as transparent
and comprehensible.
Outline
The unit begins with an analysis of the need for a law relating to negligence and then explores the levels at which liability can exist before moving on to consider key
concepts through the evolution of the law to key concepts such as the neighbour principle. It moves on to explore issues pertinent once a duty has been established
and the topic is then reinforced through specific areas of negligent misstatement and nervous shock. It then moves on to specific exceptions such as requests for
information and termination. The concept of duty and obligation is also explored through the particular relationship between an occupier and legal and non-legal
visitors. To end this unit there is an exploration of the defences which may be used in an effort to return to the fundamental concepts of fairness, reasonableness
and effectiveness which underpin this area of law.
Syllabus ref
Learning objectives
Suggested teaching activities
Learning resources
5.1
Liability in negligence
 Discussion based on discovering the meaning of a ‘tort’ and the
reasons why the law is active in this area. Develop this into discussion
based on the idea of why it matters that those with responsibilities
Use examples pertinent to learners to
explore negligence at its most basic
level – use items in a local newspaper
 Nature and justification
v0.16 3Y10
Cambridge International AS and A Level Law (9084)
30
Syllabus ref
Learning objectives
 Personal liability
 Vicarious liability
 Joint tortfeasors
5.2
Duty of care
 Neighbour principle
 Methods of establishing duty
Suggested teaching activities
should discharge them properly by consideration of what happens
when this does not occur. Consider the role of the law as an arbiter,
enforcer and protector. (W)
 Essay task – Why should I have a legal duty to another person? (I) Use
this to explore ideas and to consolidate skills of essay writing so as to
build a coherent and logical argument supported by factual knowledge.
 Research task and presentation – What is meant by vicarious liability
and how does it work? Use this task to think about different aspects of
negligence – both rights and duties that exist for an employer and an
employee. Use the case of Lister & Others v Hesley Hall Ltd (2001) as
a starting point. (I)
Learning resources
or local news website.
Access cases to show how the law
works in the UK – introduce ideas
found in Donoghue v Stevenson
(1932) – www.bailii.org
 Using the website opposite learners consider the position in vicarious
liability for certain groups of professionals – such as those working in
medical services. Discuss how the law works and consider whether it is
both fair and effective for all the parties concerned. (G)
www.unison.org.uk/healthcare/pages_
view.asp?did=1183
 Learners read and summarise the article in the website opposite.
Discuss – How far do you agree with the points it makes – What points
of your own would you add? (I)
www.leedsuniversityunion.org.uk/pag
eassets/clubsandsocieties/safety/duty
care.doc
 Learners make a timeline of all important cases such as Anns, Murphy,
Caparo, Hill. Learners produce a synopsis of each case and show how
the test developed in each decision. (I)
 Debate – ‘This house believes that the modern law of negligence is fit
for purpose’ – activity chaired by teacher. (G)
 Using the website opposite learners construct a claim which they think
would be successful. Learners work with a partner and write down how
they would defend the claim.
 Quiz test – use key facts – this can take the form of a competition. (W)
http://www.pannone.com/solicitors-foryou/medical-negligence/medicalnegligence-claims-andcompensation/making-a-claim
 Exam questions – both essay and hypothetical problem/case study
questions can help learners to develop their skills.
 Negligent misstatement
v0.16 3Y10
 Teacher information of the specific area of negligent misstatement
– use Hedley Byrne v Heller (1963) as a starting point. Use the
lawontheweb website to gain an overview of this area of law.
Cambridge International AS and A Level Law (9084)
Overview:
www.lawontheweb.co.uk/Negligent_M
isstatement
31
Syllabus ref
Learning objectives
Suggested teaching activities
Learning resources
 Learners make a group presentation to other learner groups. (G)
Hedley Byrne v Heller (1963):
 Revision activity – learners make a mind map of the key elements in
the tort of negligent misstatement (the practicallaw website may be
useful). Link each point to at least one relevant case.
http://www.bailii.org/uk/cases/UKHL/1
963/4.html
 Learners choose one case and using www.bailii.org write a summary
of the facts and principles of law in the case, relating back to the wider
points in the article they have read. Learners present findings to other
learners. (I)
http://swarb.co.uk/hedley-byrne-co-ltdv-heller-partners-ltd-hl-1963/
http://www.lawontheweb.co.uk/Neglig
ent_Misstatement/Law_of_Negligent_
Misstatement
An outline of the law of negligent
misstatement:
http://uk.practicallaw.com/2-3799503?q=Negligent+misstatement
 Nervous shock
 Teacher information on nervous shock – focus on types of victims and
the evolution of the law – use Alcock v CC South Yorkshire (1991) as a
starting point.
 Learners use the cgqc website opposite to make a timeline using
leading cases to show how law has changed – learners do this in
groups with each looking at a different area of nervous shock. (G)
Alcock v CC South Yorkshire (1991):
http://www.bailii.org/uk/cases/UKHL/1
991/5.html
www.cgqc.com/art5.pdf
 Essay task – Discuss the extent to which the law on nervous shock is
influenced more by policy than by legal principle. (I)
 Exam questions – both essay and hypothetical problem/case study
questions can help learners to develop their skills.
5.3
Breach of duty
 Teacher-led information looking at developments via cases.
 Debate – What or who is a reasonable man? (G)
 Standard of care
 Discussion – What is a reasonable standard of care? Think about
particular issues in relation to doctors. (W)
 Subjective considerations
 Teacher input on relevant factors – foreseeability, size of risk, thin
skull, social usefulness and the ease with which precautions can be
taken as well as what is common practice.
 Using the briefing opposite, learners explain the particular duties in
relation to children and sport. Are these duties fair and are they
v0.16 3Y10
Cambridge International AS and A Level Law (9084)
https://thecpsu.org.uk/resourcelibrary/2013/duty-of-care-(england)/
32
Syllabus ref
Learning objectives
Suggested teaching activities
Learning resources
enforceable? (W)
 Exam questions – both essay and hypothetical problem/case study
questions can help learners to develop their skills.
5.4
Causation
 Teacher-led information on basic tests.
 ‘But for’ test; foreseeability;
intervening acts; remoteness.
 Learners prepare summaries on key cases such as the ones listed
here: Hotson, McGhee, Wagon Mound, Re Polemis, Jobling, Fairchild
etc. (I)
 Visual learning activity – learners make a mind map to show tests in
diagrammatic form as a revision aid for examinations. (I)
 PowerPoint – look at the presentation here and use it as a prompt for
their own summary on its key facts for making your own presentation.
(I)
5.5
www.routledgelaw.com/textbooks/978
0415458467/downloads/causation.ppt
#263,8,
Occupier’s liability
 Look at the source of the modern law – OLA 1957.
 Standards of care.
 Learners summarise the main standards that this Act imposes using
the website opposite – learners should take care to note the sections
and subsections accurately. (I)
www.legislation.gov.uk/ukpga/Eliz2/56/31/contents
 Using the website opposite, learners write a summary on how the law
in this area protects individuals – and consider the alternative
argument that it does nothing to protect those who find themselves
having to defend a claim. (G)
www.minsterlaw.co.uk/ourservices/personal-injury/slips-trips/
 Lawful visitors: at Common
Law; by Statute (Occupier’s
Liability Act 1957).
 Unlawful visitors: at Common
Law; by Statute (Occupier’s
Liability Act 1984).
 Exclusion of liability.
 Discussion – Why was the OLA 1957 not sufficient and which groups
of people were not helped in the way that Parliament had intended?
(W)
 Learners look at developments in the law – OLA 1984.
www.legislation.gov.uk/ukpga/1984/3
 Using the website opposite learners write a summary of the main
standards that this Act imposes – learners should take care to note the
sections and subsections accurately. (I)
www.daisychaincompensationclaim.c
o.uk/occupiers-liability.htm
 Research activity – learners use the website opposite to identify some
of the key cases and prepare a short summary on each to present to
other learners. (I)
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Syllabus ref
Learning objectives
Suggested teaching activities
5.6
Defences
 Teacher-led discussion on the role of defences, their application and
the principles which lie behind them.
 Consent: express/implied;
knowledge of nature and
extent.
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 Debate – This house believes that a civilised legal system should
contain defences even though they do not always provide justice. (W)
 Volenti non fit injuria: voluntary
nature; effect of RTA 1988;
rescue situations.
 Learners write a summary of each of the key defences using the
website opposite. Learners should explain the strengths and
weaknesses of each of the defences. (I)
 Contributory negligence:
nature and effect (Law Reform
(Contributory Negligence) Act
1948).
 Exam questions – both essay and hypothetical problem/case study
questions can help learners to develop their skills.
 Inevitable accident; act of God
Learning resources
www.claim-advice.com/defences.html
 Revision test – learners give the facts and principle of law in cases to
see how much of the topic they can recall.
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Scheme of work – Cambridge International AS and A Level Law (9084)
Unit 6: A Level – Private nuisance and Rylands v. Fletcher
Recommended prior knowledge
This unit develops the basic principles of an area of law based on the regulation of behaviour both at home and at work in the context of the rights of those around
us. It focuses on torts connected with land and property and examines the concepts of fault based liability and strict liability covers. An awareness of the principles
that govern the ownership, and control, of land will be useful as will an understanding of the necessity of enforcing rights and duties so as to both regulate and
protect behaviour.
Context
This unit provides an understanding of the most important ways in which the law of tort focuses on land and those who have responsibility for it and things placed, or
brought, within its confines. Private nuisance addresses conflicts between individuals and conflicts with businesses, stressing the need for care and consideration in
the use and management of land. Here, liability is based on establishing fault, whereas liability in the tort of Rylands v. Fletcher explores the idea of strict liability as
a means of enforcing the responsibilities and duties of those who use land, particularly in relation to wider environmental issues.
Outline
The unit begins with construction of liability in private nuisance, paying particular attention to the wide range of factors which need to be taken into account in order
to ensure that the law is both fair and effective. It then moves on to the very specific tort of Rylands v. Fletcher, and deals with the particular requirements of this tort
as well as its wider role in the protection of the environment and the particular difficulties encountered in its application.
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Syllabus ref
Learning objectives
Suggested teaching activities
Learning resources
6.1
Private nuisance
 Opening discussion – What is meant by a nuisance? Analysis of key
sale of goods terms and discussion of how to relate them to a
number of scenarios. (G)
Use of local or national media to identify
case examples where nuisance might
be an issue.
 Definition; nature of liability;
who can sue and be sued.
 Relevance of locality, utility,
sensitivity, duration and malice
to liability.
 Defences: prescription;
statutory authority.
 Teacher-led information on basic definitions and the categories of
nuisance.
 Learners make a flow chart of the steps in an action for private
nuisance – use the website opposite. (I)
www.inbrief.co.uk/land-law/privatenuisance.htm
 Learners make a presentation based on the case of Hunter v.
London Dockland Organisation (1997). (I)
www.publications.parliament.uk/pa/ld19
9697/ldjudgmt/jd970424/hunter01.htm
 Research task – Who can sue and who can claim? Use the websites
opposite. (I)
www.towerhamlets.gov.uk/lgsl/401450/416_general_environmental_nuis.a
spx
 Teacher-led information on key cases leading to learner task to
develop a timeline of important cases and a pie chart to show factors
which make up liability.
 Learners work in groups and make case summaries of some recent
decisions in the area of private nuisance and its relationship to the
environment. (G)
 Exam questions – both essay and hypothetical problem/case study
questions can help learners to develop their skills.
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vironment/7980-what-a-nuisancekeyenvironmental-cases-from-thepastyear
36
Syllabus ref
Learning objectives
Suggested teaching activities
6.2
Rylands v. Fletcher
 Teacher-led information on basic principles.
 Definition; nature of liability
(strict v. fault based);
conditions of liability;
relationship with nuisance.
 Defences: consent; act of
stranger; statutory authority;
act of God; default of claimant.
Learning resources
 Learners research and summarise the key aspects of the case of
Rylands v. Fletcher (1868) using www.bailii.org (I)
 Learners make a timeline on key cases starting with Rylands v.
Fletcher. (W)
 Revision activity – learners make a mind map to represent all the
different aspects of this area of law. (I)
 Discussion – Is the law in Rylands v. Fletcher a good way to resolve
problems or is the law too difficult and therefore unfair? (W)
 Research – using the website opposite learners consider how the tort
works in the modern law by focusing on the case of Transco v.
Stockport MBC (2003).
http://www.publications.parliament.uk/p
a/ld200203/ldjudgmt/jd031119/trans1.htm
 Exam questions – both essay and hypothetical problem/case study
questions can help learners to develop their skills.
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Scheme of work – Cambridge International AS and A Level Law (9084)
Unit 7: A Level – Trespass
Recommended prior knowledge
This unit is an exploration of torts based on unlawful direct interference with a person and the land that they own. Trespass is an old tort and it will be helpful to have
an understanding of why the law protects people and their property from direct interference. Moral concepts relating to the rights of the individual and the protection
they enjoy under the law are useful ideas to introduce to learners. In relation to trespass to the person it will also be helpful to introduce some elements of criminal
law to help learners appreciate the close links between sanctions being applied as a result of unlawful physical interference in the criminal law and the use of
compensation in similar circumstances in the law of tort.
Context
This unit focuses first on the rights of those who own land and also the obligations they then have in terms of direct interference with the rights of others to enjoy the
land. Trespass to the person is a widely used tort so regulate the behaviour of individuals and, through an exploration of its component parts, learner will develop an
understanding of the rights and duties which affect us as individuals and regulate our everyday behaviour.
Outline
The unit begins with an exploration of the trespass to land. As well as showing how liability is constructed, an important focus in placed on the defences available to
ensure that the law is applied justly. A similar stance is taken in relation to trespass to the person – separate torts in this area are covered and again attention is paid
to defences which are important in a frequently used area of law so as to mitigate harshness in application and ensure acceptance of, and compliance with, the
restrictions it imposes.
Syllabus ref
Learning objectives
Suggested teaching activities
Learning resources
7.1
Trespass to land
 Teacher-led information on the historical context of the law and what
constitutes trespass.
Use local media to explore topical
issues in the news.
 Unlawful entry; intention;
continuing trespass.
 Learners read the summary in the website opposite. Make a mind
map to cover the key elements the article discusses. (I)
www.parliament.uk/briefingpapers/SN05116.pdf
 Learners produce chart based on key cases to illustrate classes of
claimants and defendants. (I)
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Syllabus ref
Learning objectives
 Defences: lawful authority;
licence; right of entry.
Suggested teaching activities
Learning resources
 Liability tick list – learners make a chart to show the steps a lawyer
would work through when constructing liability. Apply this to key
cases and then learners make their own examples. (I)
 Learners work in pairs to research and justify possible defences and
their application to a scenario. (G)
 Revision task – learners summarise the important elements of the
tort. (I)
www.inbrief.co.uk/landlaw/trespass.htm
 Research – learners look at the website opposite and summarise the
law explained there. (G)
www.gardenlaw.co.uk/walls.html
 Debate – This house believes that an Englishman’s house (and
garden) is his castle. (W)
 Discussion – learners read the article in the website opposite. Why is
it important for the law on trespass to land to work efficiently and
fairly? (W)
 Exam questions – both essay and hypothetical problem/case study
questions can help learners to develop their skills.
7.2
Trespass to the person
 Assault and battery: elements;
conditions of liability; defences
of consent, lawful authority and
necessity.
 False imprisonment: elements;
conditions of liability; defence
of lawful detention (powers to
arrest and detain in outline).
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 Teacher information on basic principles and definitions.
 Learners make a mind map based on the three torts (assault, battery,
and false imprisonment), identifying key cases and the most
applicable defences in each situation. (I)
 Multiple-choice quiz based on scenarios to choose most appropriate
tort. (G)
 Debate – Should patient autonomy take precedence over the need
for medical treatment? (W)
 Moral issues in law – use medical or sporting cases as a stimulus
such as in Re F, Re T or Simms and Condon v Basi.
 Essay – To what extent is the boundary between law and morality
blurred in trespass to the person. (I)
Cambridge International AS and A Level Law (9084)
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Syllabus ref
Learning objectives
Suggested teaching activities
Learning resources
 Research task – learners read the article and conduct their own
research on the ‘Cardiff Three’ case outlined in the website opposite.
Learners make a presentation to explain the case and whether you
agree with the views of the writer of the article. (I)
www.guardian.co.uk/uk/2009/jun/19/car
diff-three-compensation-court-appeal
 Learners read the article in the website opposite. Working as a team
learners put forward the arguments they might use if they were
making or defending this case. (G)
www.bbc.co.uk/news/uk-12834196
 Discussion – Did the Supreme Court make the right decision in this
case? – learners should give reasons for their answer.
 Revision task – Learners write their own problem question. Learners
construct a hypothetical set of facts which also gives rise to the
possibility of the use of defences and ask other learners in the group
to give their own analysis of how the law will be applied. (I/W)
 Exam questions – both essay and hypothetical problem/case study
questions can help learners to develop their skills.
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Scheme of work – Cambridge International AS and A Level Law (9084)
Unit 8: A Level – Remedies
Recommended prior knowledge
This unit completes the study of the law of tort with an investigation of the core remedies which are used to support the law and to give it validity in the eyes of
claimants, defendants and wider society. It is useful to reinforce this area at the end of the course so as to have an overall picture of the way the law works but some
discussion of these remedies will also have been intrinsic to the earlier study of particular torts.
Context
This unit demonstrates the fact that, although torts are used to regulate behaviour and to compensate where necessary, in order to be effective and just there must
be an opportunity to mitigate any potential harshness through the use of remedies. There is an opportunity to examine both common law and equitable influences
and to consider the principles which lie beneath the remedies to which they give rise.
Outline
The unit begins with an exploration of the remedies offered by the Common Law. These are monetary in nature and it is also necessary to acquire an understanding
of the ambit and the principles which guide their application. The role of Equity is then explored so as to show the range of remedies the law can provide, especially
since equitable remedies move beyond mere compensation.
Syllabus ref
Learning objectives
Suggested teaching activities
8.1
Common Law remedies
 Discussion – Why do we need remedies? What makes a good
remedy? (W)
Learning resources
 Teacher-led information on the range of common law remedies.
 Damages: nature and purpose.
 Mitigation; remoteness.
 Summary activity – learners read the article in the website opposite
and make a presentation to illustrate its key points. (I) or (G)
 Research activity – learners match relevant cases to types of
damages such as nominal, contemptuous, exemplary and
aggravated. (I)
www.michaelherbert.me.uk/documents/
obligations.pdf
 Teacher-led information on the application of compensatory damages
in personal injury cases.
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Syllabus ref
Learning objectives
Suggested teaching activities
Learning resources
 Learners make a flow chart to show the steps which must be followed
in order to achieve a remedy. (I)
 Discussion – To what extent is it true to say that the rules relating to
remedies are necessary but restrict justice? (W)
 Learners construct a set of facts giving rise to liability in tort. Apply
each of the different types of damages and explain the results to
which the type would give rise – use figures to support their
reasoning. (I)
 Learners make a presentation of their findings to the rest of the group
and see if they agree with the conclusions. (W)
 Class activity – learners construct liability in tort, develop a plea in
mitigation and let the group be the judge – a key aspect of this is the
type and amount of damages to be awarded. (I,G,W)
8.2
Equitable remedies

Teacher-led information and link back to relevant material covered in
earlier units, particularly in relation to land-based torts.
 Specific performance; specific
restitution; injunction.

Using the website opposite learners pick out the cases which deal
with equitable remedies and write a short summary of each. (I)
www.sixthformlaw.info/02_cases/mod3
a/aqa/_cases_remedies.htm

Learners view the presentation in the website opposite. Using the
information it contains, learners apply it to a problem question from a
past exam paper and consider whether it produces a fair result.
www.slideshare.net/TLHume/remedies3703395

Exam questions – both essay and hypothetical problem/case study
questions can help learners to develop their skills.
 Nature and purpose of
equitable remedies.
 Limitations on awards in the
law of tort.
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