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    (Original post by freakchild)
    Hi guys,

    I've just started revising for this exam. A bit late i know! But hey

    Can someone please tell me what on earth a moral is?

    Cheers and best of luck to all of you who are doing this exam about moral
    Morals are based on the beliefs of what is right or wrong

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    (Original post by HarleyGolder)
    HELP NEEDED FOR TORT!
    I feel like I have somewhat neglected this subject for business studies as I have had to teach myself the course (**** teachers) so I'm really worried about Friday!!! My law teacher isn't great so I need some help!
    I'm doing Tort.
    My questions:
    1) How do you discuss breach for psychiatric damage and economic loss?
    2) Is economic loss a tort or is the tort negligent misstatement?
    3) When do I discuss economic loss?
    4) How do diss us breach for economic loss / negligent misstatement?
    5) When discussing vicarious liability do you have to discuss the tort of the employee first?
    6) Do you ever have to discuss public nuisance or is it always part of private nuisance?
    7) Any more help would be appreciated!!
    1) im not sure what you mean by how, you just write out your negligence template... but where negligence is effective for the primary victim, it follows thats the defendant will be liable to secondary and rescuer.
    2) all the templates are torts in this topic
    3) discuss it before negligent misstatement
    4) always discuss breack first!
    5) under the vicarious liability, you first have to establish whether the worker is an employee and then establish whether the tort was committed during the course of employment
    6) there is alwayssss a possibility of public nuisance following private nisance in the scenario, so yes it may come up with it
    7) any other questions just let me know! Quite proud i did that all by memory haha
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    (Original post by freakchild)
    Also is criminal damage when u break a window? or is that somin else.
    Yea breaking a Window is CD...but as in Pembliton you have to prove intent...merely doing the act is not enough.
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    (Original post by Rupesh94)
    Yea breaking a Window is CD...but as in Pembliton you have to prove intent...merely doing the act is not enough.

    Oh.. right. So if you like fall out of bed n u smash a glass on the floor n u cut open your head n there loads of blood, then there is no crimanal damaged because you never wanted to fall out of bed in d first place. But like if u really was angry at the glass on the floor n u rolled out really quickly (ON PURPOSE) then dat means u got intention to smash the glass therefore with intention (pembilton)

    i think i got it
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    Does anyone know if in a scenario robbery occurs, do we have to talk about all the aspects of theft first then talk about robbery or do we just talk about the specific elements of robbery eg; force has been used to steal so when theft is complete there is a robbery as illustrated in corcoran?
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    (Original post by freakchild)
    Oh.. right. So if you like fall out of bed n u smash a glass on the floor n u cut open your head n there loads of blood, then there is no crimanal damaged because you never wanted to fall out of bed in d first place. But like if u really was angry at the glass on the floor n u rolled out really quickly (ON PURPOSE) then dat means u got intention to smash the glass therefore with intention (pembilton)

    i think i got it
    Well I don't know about that crazy scenario lol..but CD is only damage to property - basically in Pembliton the guy threw a stone at two men...he missed at hit a Window and it broke...he didn't intend to hit the window but intended to hit the men....so the fact he didn't intend to cause CD is enough for no liability
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    I completely understand now.

    So like if there were two pigs on a farm and you wanted to throw a brick at them but you missed and you hit a bungalow instead, then that is property therefore you wouldnt be guilty because you didn't have the intention for CD (pembilton) you just wanted to kill a pig.
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    (Original post by natasha007a)
    I'm sure your teacher knows what he/she is doing. If those are the only two they told you to learn then it's likely one of those will come up because as far as I can see, one of those two have come up every year.
    Yeah - its only out of 4 essays anyway apparently , so one of either must come up
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    What i'd suggest for anyone is literally summarise everything onto a few sheets of paper, for example, i've done:

    Duty of Care

    Donoghue v Stevenson (Lord Atkin - Neigbour Principle)

    Caparo v Dickman (Incremental Approach):

    Foreseeability? (Langley v Dray & Kent v Griffiths)

    Proximity? - (Bourhill v Young)

    Just and Reasonable? - (Mulcahy v Ministry of Defence, X v Bedfordshire County Council and Alcock v Chief Constable of South Yorkshire Police)

    Then do the same for Breach of Duty, Causation (But for, Remoteness and Res Ipsa Loquitur), Product Liability, Damages, Psychiatric Injury, Pure Economic Loss, Rylands v Fletcher, Occupiers Liability Act 1957 and 1984, Nuisance and Vicarious Liability - USE COLOURS IT REALLY HELPS AND MAKES YOUR NOTES LOOK SNAZZY.
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    I need help.
    What is the difference between making off and obtaining services
    D:


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    (Original post by lharto)
    I need help.
    What is the difference between making off and obtaining services
    D:


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    I think I can help you with that They are quite similar however

    An example of fraud by obtaining services dishonestly is where you may climb over a wall to watch a football match without paying, knowing that payment is required, and knowing that the service is provided on the basis that spectators will pay for it.

    Making off without payment is where a person who knowing that payment is required on the spot for any goods supplied or services done is required or expected of him, dishonestly makes off without having paid as required or expected and with the intent to avoid payment. In certain situations you may say that the defendant could have thought that he had a right in law not pay for eg; food that he ordered but disliked.
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    What do u have to include in a balancing interest essay


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    (Original post by freakchild)
    I completely understand now.

    So like if there were two pigs on a farm and you wanted to throw a brick at them but you missed and you hit a bungalow instead, then that is property therefore you wouldnt be guilty because you didn't have the intention for CD (pembilton) you just wanted to kill a pig.
    You have to remember though that they have to be completely different intentions... Like I think a pig would be considered property for this, and a bungalow is property clearly, so if that was the scenario I'd talk about possible transfer of intention because they are similar intentions. Therefore most likely liable for criminal damage of the bungalow.

    If the two pigs were humans however they are not property therefore the intentions would be completely different and you couldn't use the transfer rule.

    Hope I've not confused you...
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    Anyone got any tips on what offences will come up (property)

    Can't decide which ones to revise last minute D:
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    Anyone want to take a guess at which of the five section c topics will come up looking at past papers its quite hard to guess
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    (Original post by Curtly_123)
    Any got a rough structure for a Law and morals question?
    Im considering doing law and morals if it comes up and this is how im doing it:

    Nature of laws
    Nature of morals
    Similarities and differences between them
    How the legal system eforces morals
    Hart-Devlin Debate
    Hart-Fuller Debate

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    (Original post by gaggins123)
    Anyone want to take a guess at which of the five section c topics will come up looking at past papers its quite hard to guess
    Morality, or judicial, I think not too sure about the others


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    Can anyone help me define fault, so far i've got the idea of blameworthiness and responsibility for committing a crime
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    (Original post by lankan-gurl)
    Does anyone know if in a scenario robbery occurs, do we have to talk about all the aspects of theft first then talk about robbery or do we just talk about the specific elements of robbery eg; force has been used to steal so when theft is complete there is a robbery as illustrated in corcoran?
    Yes, you have to go through all the elements of Theft, and then have a following paragraph on whether there was force
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    (Original post by gaggins123)
    Anyone want to take a guess at which of the five section c topics will come up looking at past papers its quite hard to guess
    I hate trying to predict these things but going by past papers 'Law and Morals' and 'Conflicting Interests' have only come up once the past 3 years. 'Judicial Creativity' and 'Fault' have come up twice and 'Law and Justice' has come up on every paper since Jun 10.
    Make of that what you will
 
 
 
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