Unit 4 LAW04 Criminal Law (Offences against Property) or Tort, and Concepts of Law
This unit will count towards the A2 qualification and involves studying the following areas of the Law.
Candidates will study either Sections A and C or Sections B and C.
Section A Criminal Law (Offences against Property)
Theft and Robbery
Actus reus (appropriation, property, belonging to another). Mens rea (dishonesty, intention permanently to deprive) (s1 Theft Act 1968).
Theft with use or threat of use of force (s8 Theft Act 1968).
Elements of s9(1)(a) and s9(1)(b) Theft Act 1968, burglary in dwellings and other buildings.
Unwarranted demand with menaces (s21 Theft Act 1968).
Fraud by false representation (s2 Fraud Act 2006) and obtaining services dishonestly (s11 Fraud Act 2006).
Making off without payment
Making off without payment (s3 Theft Act 1978).
Basic (s1(1), Criminal Damage Act 1971) and aggravated (s1(2), Criminal Damage Act 1971) and by fire (arson s1(3), Criminal Damage Act 1971).
Intoxication, duress, duress of circumstances, self-defence/prevention of crime.
Section B Law of Tort
Issues of duty, breach and damage with respect to personal injury, damage to property, product liability, medical care, pure economic loss, negligent misstatement, psychiatric harm.
Liability in respect of visitors and trespassers.
Nuisance and escape of dangerous things
Elements of public and private nuisance, and of the tort in Rylands v Fletcher.
Liability of the employer for torts committed by employees in the course of employment.
Contributory negligence, consent. Specific defences to nuisance and Rylands v Fletcher.
Section C Concepts of Law
In the examination, candidates will be required to answer one essay question from a choice of three. Candidates will be expected to relate their knowledge of legal processes, institutions and substantive law, gained in studying any of the modules, to the concepts which follow, where possible with reference to contemporary issues.
Law and Morals
The distinction between law and morals; the diversity of moral views in a pluralist society; the relationship between law and morals and its importance. The legal enforcement of moral values.
Law and Justice
The meaning of ‘justice’, theories of justice. The extent to which substantive legal rules, legal institutions and processes achieve justice or create barriers to justice.
The extent to which the judges are able to display creativity in the operation of the system of judicial precedent and in statutory interpretation. Consideration of the balance between the roles of Parliament and the judiciary.
The meaning and importance of fault in civil and/or criminal law.
Balancing conflicting interests
Identification of the different interests of parties to disputes. Public interests against private interests, the subordination of individual rights to community interests.
© AQA 2010