2024_OCR: A Level Law H418/02 Law Making and the Law of Tort (Merged Question Paper & Marking Scheme) (2025)

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• Module 2024_OCR: A Level Law H418/02 Law Making

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2024_OCR: A Level Law H418/02 Law Making and the Law of Tort (Merged Question Paper & Marking Scheme)

Key Areas to Revise

1. Law Making

 The Role of Parliament in Law Making
o Review how laws are made in Parliament, including the stages of a bill (First Reading,
Second Reading, Committee Stage, Report Stage, Third Reading, and Royal Assent).
o Understand the different types of legislation: primary legislation (Acts of Parliament) and
secondary (delegated) legislation (such as statutory instruments).
o Be familiar with the importance of parliamentary sovereignty, and how Parliament has the
ultimate authority to create or change the law.
 The Role of the Courts in Law Making
o Understand how courts contribute to law-making through judicial precedent, with a focus
on how decisions in higher courts (such as the Supreme Court) influence future cases.
o Study key legal principles like ratio decidendi (the reasoning behind a judgment) and
obiter dicta (other remarks not central to the decision) and how they are used in creating
binding precedents.
o Familiarize yourself with how courts interpret statutes and the methods of statutory
interpretation (literal rule, golden rule, purposive approach).
 The Role of Law Reform Bodies
o Study the work of law reform bodies like the Law Commission and how they propose
changes to the law. Understand the process of law reform, including how
recommendations are made and implemented.
o Understand the influence of these bodies on the development of new laws and reforms,
particularly in areas such as tort law and human rights.
 European Union and International Law
o While the UK is no longer part of the EU, understand how EU law shaped UK law in areas
like human rights, environmental law, and trade. Be familiar with the importance of
international treaties and agreements on UK law.

2. The Law of Tort

 Overview of Tort Law
o Understand the purpose of tort law, including its function to provide a remedy for
individuals who suffer harm due to the wrongful actions of others. Compare tort law with
criminal law, focusing on the differences in objectives, procedures, and remedies.
o Be familiar with the main categories of torts: negligence, nuisance, trespass, defamation,
and strict liability.
 Negligence
o Understand the key elements of negligence: duty of care, breach of duty, causation, and
damages.

, o Review the landmark case Donoghue v Stevenson (1932) and how it established the
modern law of negligence. Study other key cases like Caparo Industries v Dickman (1990)
to understand how courts determine whether a duty of care is owed.
o Study the concept of breach, including the "reasonable person" test and how courts
assess whether a defendant's actions fell below the standard of care.
o Understand causation and the "but for" test, as well as issues such as remoteness of
damage and how courts assess whether the harm was foreseeable.
o Be familiar with defenses in negligence cases, such as contributory negligence and
voluntary assumption of risk.
 Occupiers' Liability
o Understand the principles of occupiers' liability, including the duty of care owed by
occupiers to lawful visitors and trespassers under the Occupiers' Liability Act 1957 and
1984.
o Study how occupiers' liability applies to different categories of visitors (invitees, licensees,
and trespassers), and understand the impact of cases such as Addie v Dumbreck (1929)
and British Railways Board v Herrington (1972).
 Vicarious Liability
o Understand the principle of vicarious liability, where an employer can be held liable for the
wrongful acts of an employee, provided the act was carried out during the course of
employment.
o Review key cases such as Lister v Hesley Hall (2001) and Bazley v Curry (1999), and
study the criteria for establishing vicarious liability.
o Be aware of defenses to vicarious liability, such as the independent contractor defense.
 Nuisance
o Study the tort of nuisance, focusing on both private nuisance (interference with a person’s
use or enjoyment of land) and public nuisance (an act affecting the community at large).
o Review landmark cases such as Rylands v Fletcher (1868), which established the rule of
strict liability for dangerous activities, and Hunter v Canary Wharf (1997), which clarified
the principles of private nuisance.
o Understand the defenses to nuisance claims, such as prescription (the defendant having
the right to carry out the activity over time) and statutory authority.
 Defamation
o Understand the key elements of defamation: the making of a false statement that
damages the reputation of the claimant. Study the differences between slander (spoken)
and libel (written).
o Be familiar with the defenses to defamation, including truth, honest opinion, and privilege.
Review key cases such as Reynolds v Times Newspapers (2001) and Jameel v Wall
Street Journal (2006).
o Understand the changes introduced by the Defamation Act 2013, including the
requirement for claimants to show serious harm to their reputation.
 Strict Liability
o Study torts where the defendant may be liable even without fault, such as in cases
involving hazardous activities or products (e.g., Rylands v Fletcher).
o Be familiar with the concept of strict liability and its application in tort law, particularly in
areas like product liability and the handling of dangerous substances.

, Oxford Cambridge and RSA

Tuesday 4 June 2024 – Afternoon
A Level Law
H418/02 Law making and the law of tort
Time allowed: 2 hours
*1345167928*

You must have:
• the OCR 12-page Answer Booklet

INSTRUCTIONS
• Use black ink.
• Write your answer to each question in the Answer Booklet. The question numbers must
be clearly shown.
• Fill in the boxes on the front of the Answer Booklet.
• Answer five questions in total:
Answer one question from Questions 1 and 2 and one question from Questions 3 and 4
in Section A.
Choose one Part in Section B. Answer the three questions for that part.

INFORMATION
• The total mark for this paper is 80.
• The marks for each question are shown in brackets [ ].
• Quality of extended response will be assessed in questions marked with an asterisk (*).
• This document has 4 pages.

ADVICE
• Read each question carefully before you start your answer.

© OCR 2024 [603/0706/7] OCR is an exempt Charity
DC (PQ) 340281/4 Turn over

, 2

SECTION A

Law making

Answer Question 1 or Question 2. Then answer Question 3 or Question 4.

Answer Question 1 or Question 2.

1 Describe the extrinsic aids which can be used by judges when interpreting statutes. [8]

2 Explain original and persuasive precedents using cases to illustrate each of them. [8]

Answer Question 3 or Question 4.

3 Discuss the advantages of the influences on law-making. [12]

4 Discuss the advantages of the literal rule of statutory interpretation. [12]

© OCR 2024 H418/02 Jun24