Aspects of Legal Liability.

A Unit which counts towards your BTEC Level 3 Certificate in Applied Law.

Negligence is an area of law that affects the day-to-day life of individuals. A tort is a civil wrong where a contract is not needed for there to be liability, although a contract will exist in some cases. A person who commits the wrong is potentially liable in the tort of negligence, to the person or property they have injured or damaged through their wrong, for example a car accident.

Negligence has a particular legal meaning that learners will explore. In very simple terms, it is carelessness for which a person must compensate the person who has been affected by that carelessness. Learners will consider the legal rules on negligence and learn to use the relevant technical terms. They will understand the impact of this area of law on those affected by the negligent event. The elements of negligence, duty, breach and damage will be explored.

The unit is also intended to introduce learners to elements of criminal law and help them to understand the nature of criminal liability. This will be developed through a comparison with civil liability and relationships between moral and legal rules, and the purpose of criminal sanctions. It will introduce learners to the basic principles of criminal liability and to some of the offences against the person. These offences have been chosen to illustrate clearly the main principles which underlie criminal law and have been restricted to crimes against the person.

Learners will explore the nature of criminal liability through the actus reus (the act) of crimes and the associated mens rea (state of mind) required for criminal liability. Learners will also explore the differences between crimes of specific intent and crimes of basic intent. Learners will then consider a few offences against the person and develop an awareness of the differences between assault, battery, actual bodily harm, wounding and grievous bodily harm.

Finally, the unit considers the aims and different types of sentences available to the criminal courts.


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