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: Rules and Theory
- 8 subtopics
- 24 things to know
- AS Unit 2
What Tort: Rules and Theory covers
Tort: Rules and Theory is examined in AS Unit 2, The Law of Tort. It covers the nature and origins of the law of tort, categories of tort and the interests protected, fault and strict liability, corrective justice and the economic justification, retributive and distributive justice in tort, criticisms of the tort system and reform and alternatives to tort.
The 8 subtopics
Each one has its own page.
- The nature and origins of the law of tortStandard of proof in a tort claim, two differences between tort and criminal law and main difference between liability in tort and liability in contract.Open →
- Categories of tort and the interests protectedFour distinct torts, trespass to land and actionable per se.Open →
- Fault and strict liabilityStrict liability in tort, loss distribution and no-fault compensation scheme.Open →
- Corrective justice and the economic justificationCheapest cost avoider and deterrence, as a purpose of tort law.Open →
- Retributive and distributive justice in tortRetributive justice, distributive justice and judicial decision influenced by wider policy.Open →
- Theories of justice and the balancing of interestsFormal and substantive justice, utilitarianism, Rawls, Nozick, natural law and Marxist critiques, Pound's balancing of interests, and how courts weigh competing interests in cases such as Miller v Jackson and Hill.Open →
- Criticisms of the tort systemDefensive practice, compensation culture argument and effect of removing recoverable success fees from the losing party.Open →
- Reform and alternatives to tortCentral argument for replacing tort with a no-fault scheme, NHS scheme for resolving lower-value clinical claims intended to achieve and role of the Criminal Injuries Compensation Authority.Open →
What you need to know
Answer each one before you reveal it.
Your recallNot started
Key term
Set out which interest each of the main torts protects.
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What does fault mean in the law of tort?
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What does corrective justice hold that tort law is for?
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What is retributive justice?
Evaluation
Give the criticism that tort is a lottery.
Key term
Which body proposed a wide-ranging reform of compensation for personal injury in the 1970s?
Key term
What is a tort?
Key term
Name four distinct torts.
Key term
Why is the law of tort described as fault-based?
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Which philosopher's account of justice underlies the corrective theory?
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Why is retribution an uneasy fit with the law of tort?
Evaluation
Give the criticism of the tort system concerning cost
Key term
What is the NHS scheme for resolving lower-value clinical claims intended to achieve?
Key term
From which word does the term tort derive?
Key term
Which is the most significant tort in practice, and why?
Key term
What is strict liability in tort?
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How does corrective justice explain the requirement of causation?
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Which award in tort does have a punitive purpose?
Key term
What is the difference between formal and substantive justice?
Process
How do utilitarians such as Bentham and Mill define justice?
Key term
What is Nozick's entitlement theory of justice?
Evaluation
Give the criticism of the tort system concerning delay
Key term
What are pre-action protocols?
Take Tort: Rules and Theory further
The same content, four other ways.
Commonly confused
Pairs that lose marks when they are blurred together.
Tort vs Breach of contract
Tort: a wrong where the duty is imposed by law on everyone. Breach of contract: arising from a duty the parties agreed.
Fault liability vs Strict liability
Fault liability: requiring blameworthiness to be proved. Strict liability: attaching once the specified circumstances occur.
Actionable per se vs Actionable on proof of damage
Actionable per se: needing no loss shown. Actionable on proof of damage: failing unless loss is established.
Questions from this topic
Each one with the model answer underneath.
- 1
What is a tort?
Model answer
A civil wrong, other than a breach of contract, for which the law provides a remedy to the person harmed.
- 2
From which word does the term tort derive?
Model answer
The Norman French for a wrong or something twisted.
- 3
Who brings a claim in tort, and against whom?
Model answer
The claimant, who has suffered the harm, sues the defendant who is alleged to have caused it.
- 4
What is the standard of proof in a tort claim?
Model answer
The balance of probabilities.
- 5
State two differences between tort and criminal law.
Model answer
Tort is brought by the injured party and seeks compensation; criminal proceedings are brought by the state and seek punishment.
- 6
State the main difference between liability in tort and liability in contract.
Model answer
Duties in contract are voluntarily undertaken by agreement, whereas duties in tort are imposed by law on everyone regardless of any agreement.
What is inside Levo
Six ways to work the same material.
Tort: Rules and Theory revision questions
- What does Tort: Rules and Theory cover in WJEC A-Level Law?
- 8 subtopics: the nature and origins of the law of tort, categories of tort and the interests protected, fault and strict liability, corrective justice and the economic justification, retributive and distributive justice in tort, theories of justice and the balancing of interests, criticisms of the tort system and reform and alternatives to tort. Each one has its own page with questions and model answers.
- How is Tort: Rules and Theory 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: Rules and Theory, 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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