AQA LAW UNIT 2 2016 UNOFFICIAL MARK SCHEME - PART OF TORT 1. Explainwhat is meant by breach of duty and briefly explain one of the risk factors. (8Marks)(A) Outline with cases and/or examples of the meaning of thereasonable man objective test –explained through a case such as Blyth vBirmingham Waterworks specialcharacteristics of the defendant professionals– explained through a case such as Bolamv Friern Barnet HMC learners –explained through a case such as Nettleshipv Weston • children – explained through a case such as Mullins v Richards. (B) Brief explanation with cases of the meaning of any onerisk factor and the effect that has on the standard of care, for example: specialcharacteristics of the claimant – if known to the defendant to be morevulnerable, then higher standard expected – explained through a case such as Paris v Stepney BC / the size of therisk – the reasonable man does not take care against minute risks, but doesagainst big risks – explained through a case such as Bolton v Stone / practical precautions – taking reasonable but notexcessive precautions – explained through a case such as Latimer v AEC /the benefits of taking the risk – emergencies andpublic utility – explained through a case such as Watt v Herts CC.MAX 5 IF NO RISKFACTOR.2. Explainwhat is meant by remoteness in damage (8marks)Explanation of remoteness of damage; this should includeforeseeability, the Wagon Mound test. Type of damage as in Hughes v LordAdvocate – does not matter about the precise order of events as long as thedamage was foreseeable/Thin Skull rule as in Smith v Leech Brain.Here's what you should have included for question 7 and 8 of the TORT section. I can do questions 9-12 due to not being aware of the full question!! HOPE THIS HELPS :-)