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AQA LAW 04 22nd June 2012

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Reply 40
Original post by iTOMTOMi
So does anybody have any idea which of the section C questions are likely to come up?
We've learnt (i say learnt... but in reality, we haven't) Morals, Justice, and Fault..

Also, Who else is doing TORT and not Criminal for this exam? :frown:

I'll see if i have a Vicarious Liability structure for whoever requested one..


I'm doing tort!

I need help majorly my teacher has been appauling!

Basically you know with regards to general negligence, do you need to know that? Or can you just get by on knowing Psychatric Damage, Medical Negligence, Economic Loss, Nuisance and Product Liability?

Thanks. Also any notes on tort will be much appreciated!
Reply 41
Original post by kopking93
I'm doing tort!

I need help majorly my teacher has been appauling!

Basically you know with regards to general negligence, do you need to know that? Or can you just get by on knowing Psychatric Damage, Medical Negligence, Economic Loss, Nuisance and Product Liability?

Thanks. Also any notes on tort will be much appreciated!


...Found this thread, might be useful - around page 4-8 i think there are some notes for Tort - might be worth looking at :smile:

http://www.thestudentroom.co.uk/showthread.php?t=2020431

General negligence - i wouldn't like to say you don't need to know it, but as long as you've got everything covered i don't see it being a major issue. Medical Negligence is the nearest thing i've seen to it in a paper..
(edited 11 years ago)
Reply 42
for the torts , how do you apply it fully ?
Reply 43
Original post by AlexandraRose
Yeah, i've only found two. I'm sure i've heard there's three, could be wrong though :smile:

On another note, is this thread just for criminal?
Because i'm doing tort, and I really need the structure for answering vicarious liability, if anybody has one by chance, I would be grateful. :biggrin:


VICARIOUS LIABILITY WRITING FRAME D= Defendant, X= Employee that committed tort

The Defendant could be liable under the area of law known as Vicarious Liability.
This is liability imposed on a party for torts committed by others.
For D to be held vicariously liable for the tort of X, it must first be established that X is an employee.

Firstly we apply the control test.
If D has control over the work done by X, as well as controlling hours worked and powers of dismissal, X is more likely to be an employee.
In this case, because D has control over the work done by X, as well as X's hours and D also has the power to dismiss X, X is more likely to be an employee.

Due to the specialized nature of many jobs, we must also apply the Economic Reality Test (Ready Mixed Concrete).
Here we need to establish whether there is a contract of employment between D and X. If X receives a regular salary where D is responsible for tax and national insurance payments, it is more likely that X is an employee.
If however, X is paid in a lump sum and responsible for his own tax and national insurance payments, providing his own tools and responsible for hiring staff, it is more likely that X is an independent contractor and therefore not an employee.

Thats just the first bit for Vicarious Liability. Hope this helps ! :smile:
Original post by LizzBizz
VICARIOUS LIABILITY WRITING FRAME D= Defendant, X= Employee that committed tort

The Defendant could be liable under the area of law known as Vicarious Liability.
This is liability imposed on a party for torts committed by others.
For D to be held vicariously liable for the tort of X, it must first be established that X is an employee.

Firstly we apply the control test.
If D has control over the work done by X, as well as controlling hours worked and powers of dismissal, X is more likely to be an employee.
In this case, because D has control over the work done by X, as well as X's hours and D also has the power to dismiss X, X is more likely to be an employee.

Due to the specialized nature of many jobs, we must also apply the Economic Reality Test (Ready Mixed Concrete).
Here we need to establish whether there is a contract of employment between D and X. If X receives a regular salary where D is responsible for tax and national insurance payments, it is more likely that X is an employee.
If however, X is paid in a lump sum and responsible for his own tax and national insurance payments, providing his own tools and responsible for hiring staff, it is more likely that X is an independent contractor and therefore not an employee.

Thats just the first bit for Vicarious Liability. Hope this helps ! :smile:


Thank you!! That's great help :smile:


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I hope law and Morals or Judicial Creativity comes up :smile: do you have a case for the Utilitarian view of as long as it suits the majority (a negative view that is) for in the Law and Justice.
Reply 46
Original post by Minniemusicality
I hope law and Morals or Judicial Creativity comes up :smile: do you have a case for the Utilitarian view of as long as it suits the majority (a negative view that is) for in the Law and Justice.



R v Ponting. By telling everyone official secrets of the Faulklands War it benefitted all of society as they had the right to know the SS Belgrano had been sunk...Jeremy Bentham likes.
What is the likelyhood of fault coming up for Section C? Because I'm only going to learn fault, it's a risk i'm taking.
Reply 48
Original post by Executioner
What is the likelyhood of fault coming up for Section C? Because I'm only going to learn fault, it's a risk i'm taking.


Very likely I'd say. Probably be at expense of justice which is a relief.
Reply 49
Guys what offences shall I prioritise to revise?

I've just had a business exam today so Havn't done huge amounts of revision for law, but I know theft inside out so far, which seems to be the hardest offence.
Does anybody have a model essay for Law and morals?
I had business exam today!! Now stressing out about law!!

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Original post by icecoolwas
Guys what offences shall I prioritise to revise?

I've just had a business exam today so Havn't done huge amounts of revision for law, but I know theft inside out so far, which seems to be the hardest offence.


I had business exam today!! Now stressing out about law!!

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Reply 53
Same how did business go for u


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Original post by SteveDawson
Same how did business go for u


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I actually found it alright what about you?? You do unit 12??

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Reply 55
Buss4 went good but please guys i need advice i cant fail law04 or i dont go uni wahhhh. What shall i prioritise? Im so tired, sleep deprieved but i must soldier on
Have you learnt your topics for the essay bit?? Maybe look at last years and see what offences came up and revise the ones that didnt.more??

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Reply 57
Yeah it went alright
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Reply 58
Lets help each other. Right first off l
Should we focus on robbery

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I would but im learning duress right now sorry!!!

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