Key term
WJEC A-Level Law 603-1978-1
Law Making in Wales and the UK
Topic overviewLegal rules, sources of law and the rule of lawParliamentary sovereignty, the separation of powers and the Royal PrerogativeThe composition and role of ParliamentThe legislative process at WestminsterThe Senedd and law making in WalesThe devolution settlement and the role of the Supreme CourtInfluences on law making and law reform
Delegated Legislation
Topic overviewThe nature and authority of delegated legislationStatutory instrumentsBy-laws and Orders in CouncilDelegated legislation in Wales and the devolution settlementParliamentary controls on delegated legislationControl by the courts and judicial reviewReasons for delegated legislation and its advantages and disadvantages
Statutory Interpretation
Judicial Precedent
The Civil Courts and Dispute Resolution
The Criminal Process and the Criminal Courts
Topic overviewClassification of offences and the criminal processThe magistrates' courts and the Crown CourtAppeals in criminal casesThe jury at trial: verdicts, secrecy and the coroner's juryCriticisms of and alternatives to the jury systemThe aims and theories of sentencingSentencing powers and the sentencing of youths
Legal Personnel and the Judiciary
Topic overviewBarristers: training, role and rights of audienceSolicitors: training, role and workLegal executives and paralegalsRegulation of the legal professions and the fusion debateThe judiciary: hierarchy, role and selectionJudicial independence, the rule of law and the constitutional positionLay magistrates and district judges
Access to Justice and Funding
Topic overviewAccess to justice and the development of legal aidCivil legal aid: scope and servicesMeans testing, merits testing and the statutory chargeCriminal legal aid and the Public Defender ServiceConditional fee agreements and private fundingAdvice agencies and other sources of helpEvaluating access to justice after the 2012 reforms
Tort: Rules and Theory
Topic overviewThe nature and origins of the law of tortCategories of tort and the interests protectedFault and strict liabilityCorrective justice and the economic justificationRetributive and distributive justice in tortTheories of justice and the balancing of interestsCriticisms of the tort systemReform and alternatives to tort
Tort: Negligence
Tort: Occupiers' Liability
Tort: Remedies
Human Rights: Rules and TheoryHuman rights
Topic overviewThe meaning of rights and the distinction between rights and libertiesThe European Convention on Human Rights: origins, scope and machineryAbsolute, limited and qualified rightsThe Human Rights Act 1998 and its key sectionsHuman rights in the devolution settlements of Wales, Scotland and Northern IrelandParliament, the courts and the entrenchment debateCriticisms of human rights, law and morality and law and justice
Human Rights: Key Convention ProvisionsHuman rights
Topic overviewArticle 8 and the scope of private and family life, home and correspondenceNegative and positive obligations under Article 8Article 8(2) and the justification of an interferenceArticle 10 and the right to freedom of expressionArticle 11 and freedom of peaceful assembly and associationBalancing Article 8 against Article 10Evaluating the qualified rights and their exceptions
Human Rights: RestrictionsHuman rights
Topic overviewPublic order offences and the control of protestPolice powers of stop, search and entryArrest, detention and the rights of a person in police custodyTrespass, harassment and actions against the policeInterception of communications and access to personal informationConfidentiality, defamation and the protection of reputationObscenity and the arguments for and against restriction
Human Rights: EnforcementHuman rights
Topic overviewThe domestic courts and the Strasbourg case lawCompatible interpretation and declarations of incompatibilityPublic authorities, victims and remedies under sections 6 to 8The judicial review procedureThe grounds for judicial reviewThe European Court of Human RightsEvaluating the enforcement of human rights
Human Rights: Protection and ReformHuman rights
Topic overviewHow rights are protected in the United Kingdom todayThe Equality and Human Rights CommissionCriticisms of the Human Rights Act 1998 and the case for changeDefending the Human Rights Act 1998 as it standsThe case for a United Kingdom Bill of RightsThe case against a United Kingdom Bill of RightsReform, devolution and the United Kingdom's place in the Convention system
Contract: Rules and TheoryContract
Topic overviewOrigins, definition and function of contract lawFreedom of contract and the classical theory of bargainContract law and economic developmentFreedom of contract and consumer protectionJudicial decisions, legislation and European influence on contractHuman rights, morality and justice in the law of contractArguments for a European or global law of contract
Contract: FormationContract
Topic overviewOffer and invitation to treatAcceptance, counter-offers and the ending of an offerConsideration and existing dutiesPayment of less than the debt, and promissory estoppelIntention to create legal relationsPrivity of contract and the Contracts (Rights of Third Parties) Act 1999Evaluating the rules of agreement and consideration
Contract: TermsContract
Contract: Misrepresentation and DuressContract
Topic overviewActionable misrepresentation and the elements of a claimFraudulent misrepresentationNegligent misrepresentation and the Misrepresentation Act 1967Innocent misrepresentation, rescission and its barsEconomic duressDuress to the person and undue influence distinguishedEvaluating misrepresentation and duress
Contract: DischargeContract
Topic overviewDischarge by performance and the entire obligations ruleExceptions to the entire obligations rule and standards of performanceDischarge by agreementDischarge by breach, actual and anticipatoryFrustration and when a contract is frustratedThe effects of frustration and the Law Reform (Frustrated Contracts) Act 1943Evaluating the rules on discharge
Contract: RemediesContract
Criminal Law: Rules and TheoryCriminal
Topic overviewThe definition of crime and the purposes of criminal lawBurden and standard of proofThe Crown Prosecution Service, the Attorney General and the DPPBail and remand in custodyThe trial process, youth justice and appealsLaw and morality, law and justice in the criminal lawCodification and the case for reforming criminal law
Criminal Law: General Elements of LiabilityCriminal
Criminal Law: Offences Against the PersonCriminal
Topic overviewMurder: actus reus and mens reaVoluntary manslaughter: loss of controlVoluntary manslaughter: diminished responsibilityInvoluntary manslaughter: unlawful act and gross negligenceAssault and batteryActual bodily harm, wounding and grievous bodily harmEvaluating the law on homicide and non-fatal offences
Criminal Law: Property OffencesCriminal
Topic overviewTheft: appropriation and propertyTheft: belonging to anotherTheft: dishonesty and intention permanently to depriveRobbery under section 8 of the Theft Act 1968Burglary: entry, trespass and buildingsBurglary under sections 9(1)(a) and 9(1)(b), and aggravated burglaryEvaluating the law on theft, robbery and burglary
Criminal Law: DefencesCriminal
Criminal Law: Preliminary OffencesCriminal
Topic overviewAttempt: the statutory definition and its scopeThe actus reus: acts more than merely preparatoryApplying the more than merely preparatory test to the casesThe mens rea of attemptAttempting the impossibleAttempt, the completed offence and abandonmentEvaluating the law on attempts and proposals for reform
Tort: Remedies
- 7 subtopics
- 21 things to know
- AS Unit 2
What Tort: Remedies covers
Tort: Remedies is examined in AS Unit 2, The Law of Tort. It covers the purpose of damages in tort, special and general damages, mitigation and contributory negligence, the form of a damages award, injunctions, other remedies and the limitation of actions and evaluating remedies in tort.
The 7 subtopics
Each one has its own page.
- The purpose of damages in tortAim of an award of damages in tort, latin name for that principle and compensatory damages.Open →
- Special and general damagesSpecial damages, general damages and loss of future earnings.Open →
- Mitigation and contributory negligenceFailure to mitigate, contributory negligence and position before that Act.Open →
- The form of a damages awardTraditional form of an award of damages, periodical payment order and interim payment.Open →
- InjunctionsRecall questions on the forms such an order can take, the equitable discretion and the factors weighed, Shelfer as modified by Coventry v Lawrence, Kennaway v Thompson, and contempt.Open →
- Other remedies and the limitation of actionsLimits on abatement, limitation period and date of knowledge.Open →
- Evaluating remedies in tortRecall questions on the once and for all rule, periodical payments, awards for non-pecuniary loss, the charge that damages entrench inequality, the discount rate, and the place of insurance.Open →
What you need to know
Answer each one before you reveal it.
Your recallNot started
Key term
Explain how a court values what an injured claimant has lost, now and in the future.
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What must a claimant in tort do to limit their own loss?
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What is the traditional form of an award of damages?
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Which form of injunction is sought to stop a continuing nuisance?
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What is abatement?
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Give the case that damages are an adequate response to personal injury.
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What is the Latin name for the principle that damages restore the claimant to their position before the tort?
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What are special damages?
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Is it accurate to call mitigation a duty?
Numbers
Which statute allows the court to order periodical payments without consent?
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Which form of injunction orders positive action, and why is it granted more sparingly?
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What are the limits on abatement?
Evaluation
Give the criticism that damages entrench inequality.
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What are compensatory damages?
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What are general damages?
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Give an example of a failure to mitigate.
Evaluation
Give two advantages of periodical payments.
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How can a claimant protect their position before a tort claim comes to trial?
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What is a declaration?
Evaluation
Give one argument that the discount rate is the most consequential figure in this area.
Take Tort: Remedies further
The same content, four other ways.
Commonly confused
Pairs that lose marks when they are blurred together.
Special damages vs General damages
Special damages: covering losses calculable precisely up to trial. General damages: covering those that are not, including future loss.
Multiplicand vs Multiplier
Multiplicand: the annual loss. Multiplier: the factor applied to it for the years of loss.
Nominal damages vs Contemptuous damages
Nominal damages: marking a right infringed without loss. Contemptuous damages: marking the court's disapproval of a claim that technically succeeded.
Questions from this topic
Each one with the model answer underneath.
- 1
What is the aim of an award of damages in tort?
Model answer
To put the claimant, so far as money can, in the position they would have been in had the tort not been committed.
- 2
What is the Latin name for that principle?
Model answer
Restitutio in integrum.
- 3
What are compensatory damages?
Model answer
Damages measured by the claimant's actual loss, which is the ordinary award in tort.
- 4
What are nominal damages?
Model answer
A small sum awarded where a tort actionable per se is proved but no loss has been suffered.
- 5
In which situation might nominal damages be awarded?
Model answer
Where a trespass to land is established but the claimant has suffered no damage and seeks only a declaration of their right.
- 6
What are aggravated damages?
Model answer
Additional compensatory damages reflecting injury to feelings caused by the manner in which the tort was committed.
What is inside Levo
Six ways to work the same material.
Tort: Remedies revision questions
- What does Tort: Remedies cover in WJEC A-Level Law?
- 7 subtopics: the purpose of damages in tort, special and general damages, mitigation and contributory negligence, the form of a damages award, injunctions, other remedies and the limitation of actions and evaluating remedies in tort. Each one has its own page with questions and model answers.
- How is Tort: Remedies organised?
- By the WJEC 603-1978-1 specification, subtopic by subtopic, so it matches the order you are taught it in.
Every question in Tort: Remedies, on a schedule.
Attempt a question from memory, write the correct version, then attempt it again. Levo records the jump between your first attempt and your last, and brings each question back on the day you are due to forget it.
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