2017 Law unit 2 aqa unofficial markscheme

No I put Section 47 Offences Against ThePerson Act 1861 when defining assault and battery and Johns actus reuse and mens rea. Is that okay?x

No unfortunately not. The offences for battery and assault are under a completely different act so you would not get the mark. However this is only one mark and the examiner will understand that you just got the statue confused. Dont worry about it!!

Oh so the whole naming the appropriate act is one marker? I defined assault and battery

Can someone tell me whether they concluded either of the damage too remote in the Tort section??????

I included causation in fact and damages being too remote!


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To be honest a single part does not constitute as one mark. The whole thing must reach all the potential content for sound and then you would get the marks. It is difficult to tell whether you would not get a mark or would but naming the wrong act would indicate a lack of sound understanding. However if this is the only thing you got wrong the examiner may write it off and give you the full marks anyway. Who knows ? Wouldnt worry if I were you, the max you would lose for this is a mark anyways.

Oh no way. Howcomes you found it remote? Did you find it not foreseeable?? Ahh kinda worried now as I said they were both not too remote as they were both foreseeable despite the method of damage being unusual.

No, that's not necessarily true. I've taken unit two previously and when I tell you I knew literally nothing for that exam, I was not kidding. I wrote the most basic of things, saying things such as assault is when V is afraid, not stating any Acts or the names of the offenses. I did fail the module of course but when looking at my UMS points, regarding my grades I was shocked to see that marks were awarded. Definitely more than I had expected since I freestyled the entire paper and hadn't learned the module back then. It's positive marking meaning you are awarded marks for stated points, even if it's as small as stating causation includes factual and legal causation. So mentioning the correct mens rea for example, though the actus reus is incorrect would allocate marks. It wouldn't, however, reach band 5.

As I ran out of time I didn't get to write a conclusion as to whether it was remote or not but I did include all elements, will this affect my mark?


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If it helps, even if you don't answer a 10 marker question, together with a 5 marker question so you lose 15 marks yet you smashed everything else, that's still and A grade.

For question 08 (second question on Section B) I referred to the case of Paris v Stepney BC as 'Smith v Stepney BC' (I guess because of pressure due to time constraints). I correctly explained to details of the case when demonstrating the legal principle though. Would the mark not be awarded because of this minor confusion/error in the name of the case?

Help I didn't write about the thin skull rule in causation but I wrote everything else with case presidence and even mentioned a natural but unpredictable event, also I'm not sure if I wrote legal causation was the operating and substantial cause will I lose marks? It's clear that I know it as I wrote legal causation 💔 Will I not get full marks? Also for Pia I didn't really put any Case presidence ugh I just realised now using Savage you couldn't say he was reckless but I analysed the case study and said it was a battery that caused ABH !!

For the 'outline the rules relating to causation and remoteness of damage and discuss whether it applies to Debbie and Martin's losses' I outlined causation, Wagon Mound, Bradford v Robinson Rentals, and Thin Skull Rule; but I only applied causation & WM. Is this likely to lose any marks? I said that it wouldn't have happened 'but for' .... and that it was reasonably foreseeable that someone's negligent work fitting wheels .... and then concluded that both damage not too remote, but didn't talk about method of damage because nothing in the scenario mentioned anything unusual. lol I really want full UMS and don't know if I have a chance.