A2 law for AQA

550 Pages·2007·19.722 MB·English

by  Sally Russell, LLB

SALLY RUSSELL
A2 LAW
A
Features
FOR AQA
Key case boxes clearly highlight what students 2
need to know about important cases.
Task boxes provide stimulating activities to help
SALLY RUSSELL
students explore the subject. L
Self-test questions allow students to test their
knowledge and understanding of the law. A
“The innovative approach to the
study of law adopted by this book Food for thought sections encourage students to
is most welcome; its explanations, adopt an analytical approach to the law. W
resources, and exercises will appeal Summaries at the end of each unit provide clear
to both teachers and learners, and outlines of the material covered.
will enhance their appreciation of
Summaries at the end of each study block
the materials covered.” include a task, key criticisms and suggestions for F
Byron Davies, Senior Lecturer in connecting the law to the wider concepts in Module 6.
O
Law, Coleg Sir Gar
Example boxes, diagrams and tables bring the

subject to life and make the study of law interesting.
This brand new textbook has been
R
specifi cally tailored for the AQA Examination pointer boxes assist students in
syllabus, providing students with all their exam preparation and help students to be as

they will need for the major topics successful in exams as possible.
A
in their A-level study, in a lively and
Examination practice questions help students to
exciting way. The book not only covers
confi dently prepare for exams.
crime, tort and contract needed for Q
Modules 4 and 5, but also has extensive The Companion Website www.peasoned.co.uk/russell
coverage of Module 6, with clear guides contains further resources for students and lecturers
A
to connecting these concepts to the
law covered elsewhere.

A2 LAW

About the author
R Specially tailored for the
Sally Russell has an LLB (hons) from the University of London, and
U AQA syllabus
a Postgraduate Certifi cate in Education. She is a Senior Examiner
S
with the AQA and was formerly Head of the Department of Law at
S
Full coverage of ‘Concepts of Law’ FOR AQA
Sussex Downs College. She is also a qualifi ed Legal Executive and E
the subject advisor for tort for the Institute of Legal Executives L
Cover Image © Getty Images
(ILEX) Tutorial College. L Improve your exam performance
ISBN 1-4058-0741-5
9 781405 807418
www.pearson-books.com
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A2 LAW FOR AQA
Visit the A2 Law for AQA Companion Website at
www.pearsoned.co.uk/russell to find valuable student
learning material including:
l Links to relevant sites on the web
l Regular updates of major changes in the law affecting
the book
l Answers and suggested approaches to the self test
questions and tasks in the book
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We work with leading authors to develop the strongest
educational materials in law, bringing cutting-edge
thinking and best learning practice to a global market.
Under a range of well-known imprints, including Longman,
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A2 LAW FOR AQA
Sally Russell
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Pearson Education Limited
Edinburgh Gate
Harlow
Essex CM20 2JE
England
and Associated Companies throughout the world
Visit us on the World Wide Web at:
www.pearsoned.co.uk
First published 2007
© Pearson Education Limited 2007
The right of Sally Russell to be identified as author of this work has been
asserted by her in accordance with the Copyright, Designs and
Patents Act 1988.
All rights reserved. No part of this publication may be reproduced, stored in
a retrieval system, or transmitted in any form or by any means, electronic,
mechanical, photocopying, recording or otherwise, without either the prior
written permission of the publisher or a licence permitting restricted copying
in the United Kingdom issued by the Copyright Licensing Agency Ltd,
Saffron House, 6–10 Kirby Street, London EC1N 8TS.
ISBN (13): 978–1–4058–0741–8
ISBN (10): 1–4058–0741–5
British Library Cataloguing-in-Publication Data
A catalogue record for this book is available from the British Library
10 9 8 7 6 5 4 3 2 1
10 09 08 07 06
Typeset in 9.5/12.5pt Stone Serif by 35
Printed and bound by Ashford Colour Press Ltd. in Gosport

The publisher’s policy is to use paper manufactured from sustainable forests.
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Contents
Preface xi Summary 32
List of abbreviations xiv Self-test questions 32
Table of cases xvi
Table of statutes and statutory Study Block 1 Summary 33
instruments xxvi
Acknowledgements xxix Study Block 2
CONTRACT TERMS 37
Unit 5 Express and implied terms 39
PART 1 Express terms 39
MODULE 4 CONTRACT LAW Collateral contracts 41
Implied terms 41
Summary 45
Introduction to Part 1 3 Self-test questions 45
Study Block 1 Unit 6 Conditions, warranties and
FORMATION OF A CONTRACT 5 innominate terms 46
Summary 49
Unit 1 Offer 6
Self-test questions 50
Bilateral and unilateral offers 6
Invitations to treat 7
Unit 7 Exclusion clauses 51
Collateral contracts 9
What is an exclusion clause? 51
Termination of an offer 10
Common law rules 51

Summary 13
Statutory rules 54
Self-test questions 14
Summary 56
Unit 2 Acceptance 15 Self-test questions 57
Acceptance must match the offer 15
Study Block 2 Summary 58
Communication of acceptance 16
Acceptance by post 18
Summary 20 Study Block 3
Self-test questions 20 VITIATING FACTORS 61
Unit 3 Consideration 21
Unit 8 Mistake 62
Executed and executory consideration 22
Types of mistake 62
Part-payment of a debt 26
Common mistake 63
Summary 28
Mutual mistake 66
Self-test questions 28
Unilateral mistake 66
Unit 4 Intention to create legal Rectification 68
relations 29 Non est factum 69
Social and domestic agreements 29 Summary 70
Commercial agreements 31 Self-test questions 71
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Contents
Unit 9 Misrepresentation 72 Study Block 5
What is a misrepresentation? 72 ACTUS REUS, MENS REA AND
An untrue statement 73 MURDER 127
A statement of fact 73
Unit 14 Actus reus 1: Conduct and
Induced the other to enter the contract 74
circumstances 128
Types of misrepresentation 75
What makes an action criminal? 128
Remedies 76
Summary 132
Exclusion of liability 79
Self-test questions 132
Summary 79
Self-test questions 80 Unit 15 Actus reus 2: Consequences
Study Block 3 Summary 81 and causation 133
Consequences 133
Study Block 4
Causation 133
DISCHARGE AND REMEDIES 85 Summary 138
Unit 10 Discharge by agreement Self-test questions 138
and performance 87
Unit 16 Mens rea 139
Discharge by agreement 87
Intention 139
Discharge by performance 88
Recklessness 144
Summary 92
Transferred malice 146
Self-test questions 93
Coincidence of actus reusand mens rea 146
Unit 11 Discharge by frustration 94 Summary 147
Nature and purpose of frustration 94 Self-test questions 147
Limits to the rule 97
Effect of frustration 99 Unit 17 Murder 148
Summary 101 Actus reus 148
Self-test questions 102 Causation 149
Mens rea 151
Unit 12 Discharge by breach 103
Summary of the rules and how they
Types of breach 103
apply 152
Effect of breach 105
Self-test questions 153
Summary 108
Self-test questions 108 Study Block 5 Summary 154
Unit 13 Remedies 109
The purpose of damages 109 Study Block 6
Equitable remedies 115 VOLUNTARY MANSLAUGHTER 157
Summary 116
Unit 18 Voluntary manslaughter
Self-test questions 116
under Homicide Act s. 3:
Study Block 4 Summary 117
provocation 158
Examination practice for Part 1 120 The test for provocation 159
Summary 164
Self-test questions 164
PART 2 Unit 19 Voluntary manslaughter
MODULE 4 CRIME under Homicide Act s. 2:
OFFENCES AGAINST THE PERSON diminished responsibility 165
What is diminished responsibility? 165
Summary 169
Introduction to Part 2 125 Self-test questions 169
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Contents
Unit 20 Voluntary manslaughter Summary 213
under Homicide Act s. 4: suicide Self-test questions 213
pact 170
Study Block 8 Summary 214
Study Block 6 Summary 172
Study Block 9
Study Block 7 DEFENCES 219
INVOLUNTARY MANSLAUGHTER 177
Unit 26 Consent 221
Unit 21 Constructive or unlawful Activities to which you can consent 222
act manslaughter 178 Consent and sex 224
Actus reus 178 Consent and other offences 226
Mens rea 182 Summary 227
Summary 183 Self-test questions 227
Self-test questions 183
Unit 27 Insanity and automatism 228
Unit 22 Gross negligence Insanity 228
manslaughter 184 Automatism 233
Reckless manslaughter – does it exist? 185 Summary 235
The rules 186 Self-test questions 235
Corporate killing and reforms 189
Unit 28 Intoxication 236
Summary 190
Involuntary intoxication 237
Self-test questions 190
Voluntary intoxication 237
Study Block 7 Summary 191 The ‘Dutch courage’ rule 239
Intoxicated mistakes 239
Study Block 8 Public policy 240
NON-FATAL OFFENCES AGAINST Summary 241
THE PERSON 195 Self-test questions 241
Unit 23 Common assault: assault Unit 29 Self-defence and mistake 242
and battery 196 Self-defence 242
Assault 197 Mistake 245

Battery 200 The overlap 247
Summary 202 Summary 248
Self-test questions 202 Self-test questions 248
Unit 24 Assault occasioning actual Study Block 9 Summary 250
bodily harm (ABH) under s. 47 of
Examination practice for Part 2 253
the Offences Against the Person
Act 1861 203
Actus reus 203
Mens rea 205
PART 3
Summary 207
MODULE 5 CRIME
Self-test questions 207
OFFENCES AGAINST PROPERTY
Unit 25 Grievous bodily harm (GBH)
and wounding under s. 20 and
s. 18 of the Offences Against the Introduction to Part 3 257
Person Act 1861 208
Actus reus 208 Study Block 10
Mens rea 211 THEFT, ROBBERY AND BURGLARY 259
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Contents
Unit 30 Theft: actus reus 260 Unit 35 Making off without payment 301
Appropriation s. 3(1) 261 Actus reus 301
Property s. 4(1) 264 Mens rea 302
Belonging to another s. 5(1) 265 Summary 304
Summary 268 Self-test questions 304
Self-test questions 268
Unit 36 Criminal damage 305
Unit 31 Theft: mens rea 269 Criminal damage 305
Dishonesty s. 2(1) 269 Actus reus 305
Intention to permanently Mens rea 308
deprive s. 6(1) 273 Destroying or damaging property with
Summary 275 intent to endanger life 308
Self-test questions 275 Arson 309
Unit 32 Robbery 276 Summary 310
Self-test questions 311
Steals 276
Immediately before or at the time Study Block 11 Summary 312
of doing so 277
In order to do so 277 Study Block 12
Uses force on any person or puts or seeks DEFENCES 315
to put any person in fear 278
Being then and there subjected to force 279 Unit 37 Necessity, duress and
Mens rea 279 duress of circumstances 317
Summary 280 Necessity 318
Self-test questions 280 Duress 319
Duress of circumstances 321
Unit 33 Burglary 281
The overlap 323
Actus reus 281
Limits to the availability of the defence
Mens rea 284
of duress 324
Actus reusand mens reaof the ulterior
Criticisms and reform 324
offence 285
Summary 325
Summary 287
Self-test questions 326
Self-test questions 287
Study Block 12 Summary 327
Study Block 10 Summary 288
Examination practice for Part 3 329
Study Block 11
DECEPTION OFFENCES, MAKING
OFF WITHOUT PAYMENT AND
CRIMINAL DAMAGE 291 PART 4
Unit 34 Deception offences 292 MODULE 5 TORT
The common elements 292
Obtaining property by deception
s. 15(1) Theft Act 1968 294 Introduction to Part 4 333
Obtaining services by deception
Study Block 13
s. 1(1) Theft Act 1978 295
NEGLIGENCE 335
Evasion of liability by deception
s. 2 Theft Act 1978 297 Unit 38 Duty of care: physical harm 337
Reform 299 Duty 337
Summary 299 Summary 343
Self-test questions 300 Self-test questions 343
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Contents
Unit 39 Duty of care: economic loss The duty s. 1(3) 386
and negligent misstatement 344 Warnings s. 1(5) 387
Negligent misstatements 345 Defences 388
Economic loss by acts 349 Breach of duty and causation 389
Summary 350 Summary 389
Self-test questions 351 Self-test questions 390
Unit 40 Duty of care: psychiatric Study Block 14 Summary 391
harm 352
What is meant by psychiatric harm? 352 Study Block 15
Primary and secondary victims 354 NUISANCE, STRICT AND
Rescuers 355 VICARIOUS LIABILITY 395
The control mechanisms 356
Law Commission proposals for reform 358 Unit 45 Nuisance 396
Summary 359 What is nuisance? 396
Self-test questions 360 Statutory nuisance 396
Public nuisance 397
Unit 41 Breach of duty 361 Private nuisance 397
How to assess what is ‘reasonable’ 361 Claimants: who can sue? 400
Objective standard? 363 Defendants: who can be sued? 401
Summary 365 Causation 403
Self-test questions 365 Defences 403
Remedies 404
Unit 42 Causation 366
Overlap 405
Causation in fact: the ‘but for’ test 366
Summary 406
Causation in law: remoteness of
Self-test questions 406
damage 368
Summary 371 Unit 46 Rylands v Fletcher 407
Self-test questions 371 The rule in Rylands vFletcher 407
Is liability strict? 411
Study Block 13 Summary 372
Defences 411
Summary 413
Study Block 14
Self-test questions 413
OCCUPIER’S LIABILITY 375
Unit 47 Vicarious liability 414
Unit 43 Occupier’s liability 1:
What is vicarious liability? 414
lawful visitors 376
Why is it needed? 414
The duty 376
Status: test for an employee 415
The occupier 377
In the course of employment 416
Lawful visitors 377
Summary 418
Warning s. 2(4)(a) 381
Self-test questions 419
Breach of duty and causation 382
Exclusions s. 2(1) 382 Study Block 15 Summary 420
Defences 383
Summary 383 Study Block 16
Self-test questions 384 DEFENCES AND REMEDIES 423
Unit 44 Occupier’s liability 2: Unit 48 Contributory negligence
non-visitors 385 and consent 424
What is meant by occupier’s liability Contributory negligence 424
for non-visitors? 385 Breaking the chain of causation 426
ix