Agreed, s47, s20 and s18 are all so closely linked that if you know one your going to know the other sections anyway. I mean more in the sense of the knowledge questions; im feeling strict liability and contemporaneity rule are strong contenders.
I hope so. I doubt TM will be, since as shown on last years they included that in an application question.
I don't think they really ever ask about s18 since it is too obvious, it's usually between s47 and s20, where you have to decide what the level of harm is.
In my opinion, I believe it could. Looking at the examiner report, it seemed that the pointing out of the offence within the question threw many students off. For example, when it described s39 assault, many assumed it was limited to just assault and not battery, which is what the offence was in the scenario.
AQA like to ask questions from the previous year's paper which students found hard.
Thank you, one more thing I don't understand is breach of duty. If a question asks, once a duty of care has been established, what is a breach of duty and how do the court decide if it is a breach of duty? I don't get it, it's not in my law book...my teacher seriously didn't give us enough revision material.
Thank you, one more thing I don't understand is breach of duty. If a question asks, once a duty of care has been established, what is a breach of duty and how do the court decide if it is a breach of duty? I don't get it, it's not in my law book...my teacher seriously didn't give us enough revision material.
The court applies the standard of the reasonable man, and uses the risk factors to adjust the standard of care the reasonable man would be expected to provide.
The court applies the standard of the reasonable man, and uses the risk factors to adjust the standard of care the reasonable man would be expected to provide.
This is a big ask, but i need a model answer on it, its simply not in my revision book that my teacher gave us. Cheers if possible.
In my opinion, I believe it could. Looking at the examiner report, it seemed that the pointing out of the offence within the question threw many students off. For example, when it described s39 assault, many assumed it was limited to just assault and not battery, which is what the offence was in the scenario.
AQA like to ask questions from the previous year's paper which students found hard.
Well isn't s39 assault limited to just assault and battery because it isn't ABH/GBH because they are from a different law?
The court applies the standard of the reasonable man, and uses the risk factors to adjust the standard of care the reasonable man would be expected to provide.
So would you just say the objective test (which I don't have a clue on how to explain) then talk about the example of Blyth v Birmingham Waterworks? Or can you use other cases instead of that precise one, such as learners, children, and experts? Then you'll have to talk about risk factors, which are: taking practical precautions, size of the risk, special characteristics of the claimant etc?
Well isn't s39 assault limited to just assault and battery because it isn't ABH/GBH because they are from a different law?
s.39 assault doesn't exist as an offence. Assault, both common and technical (battery) are common law offences. s.39 of the Criminal Justice Act put very simply, just sets out the sentencing for the offence.
An assault would be charged as 'an offence contrary to s.39 Criminal Justice Act'.
s.47 for example, would be charged as 'assault occasioning actual bodily harm contrary to s.47 OAPA'.
Small claims is £5000 and £1000 for personal injury Fast Track is £5000 - £25,000 Multi Track is £25,000 onwards
Under last years mark scheme the 3 tracks allocations had changed, to show an update in the tiers. Small claims track has changed to : £10,000 or £1,000 for personal injury claims. Fast Track has changed to : £10,000 - £25,000. Multi-track has stayed the same at : over £25,000 or for more complex cases.
Under last years mark scheme the 3 tracks allocations had changed, to show an update in the tiers. Small claims track has changed to : £10,000 or £1,000 for personal injury claims. Fast Track has changed to : £10,000 - £25,000. Multi-track has stayed the same at : over £25,000 or for more complex cases.
Oh, so basically if I write £5000 for the small claims track its wrong