The Concept of Liability

This unit will count towards the A/S qualification and involves studying the following areas of the Law.

Candidates will study either Sections A and B or Sections A and C.

Section A  Introduction to Criminal Liability

Underlying principles of Criminal Liability

Actus reus: voluntary acts and omissions; causation.

Mens rea: intention and subjective recklessness; transferred malice; coincidence of actus reus and mens rea.

Concepts of actus reus and mens rea in the context of non-fatal offences.

Common assault: assault and battery.

Offences Against the Person Act 1861: actual bodily harm; wounding and grievous bodily harm; wounding and grievous bodily harm with intent.

Strict liability, including areas of application, and reasons for its imposition.

The Courts: Procedure and Sentencing

Outline of Criminal Courts: Magistrates and Crown.

Classification of offences: summary; indictable (triable either way and indictable only) – explored in the context of non-fatal offences.

Outline procedure to trial: bail, plea and sending for trial.

Outline of burden and standard of proof.

Sentencing: outline of aims of sentencing; outline of sentences available for adult offenders; outline of aggravating and mitigating factors in sentencing.

Section B Introduction to Tort

Liability in Negligence

Liability in negligence for physical injury to people and damage to property.

Duty of care: neighbour principle; Caparo three-part test.

Breach of duty: concept of the reasonable man; risk factors, including characteristics of the defendant and claimant, magnitude of risk, practicality of precautions, social utility of the risk.

Damage: factual causation and legal causation (remoteness of damage).

The Courts: Procedure and Damages

Outline of Civil Courts: County Court, High Court. 

Outline procedure to Trial: claim form; opportunities for Alternative Dispute Resolution (ADR); case management; three tracks. 

Outline of burden and standard of proof, including res ipsa loquitur. 

Outline of compensatory damages: compensation for personal injuries and property; mitigation of loss; general and special; pecuniary and non-pecuniary; lump sums and structured settlements.

Section C Introduction to Contract

Formation of Contract

Offer: distinction between offer and invitation to treat; communication and duration of offer; counter-offer; rejection and revocation of offer.

Acceptance: method and communication of acceptance; postal rules.

Intention to create legal relations: commercial agreements; social and domestic arrangements.

Consideration: nature of consideration; past consideration.

Breach of Contract

Actual breach; anticipatory breach.

The Courts: Procedure and Damages

Outline of Civil Courts: County Court, High Court.

Outline procedure to Trial: claim form; opportunities for Alternative Dispute Resolution (ADR); case management, three tracks.

Outline of burden and standard of proof.

Outline of compensatory damages; causation and remoteness of damage; mitigation of loss.

 

© AQA 2010

 

Units and Topics

The following units are part of the AQA A/S A Level GCE Law course

Law Making and the Legal System

The Concept of Liability

Criminal Law (Offences against the Person) or Contract Law

Criminal Law (Offences against Property) or Tort, and Concepts of Law

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