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WJEC AS-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
- 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. WJEC AS Law students sit this topic in the first year.
- 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
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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
- Is Tort: Remedies examined at AS in WJEC Law?
- Yes. It sits in AS Unit 2, which you take in the first year, so it is on the AS paper as well as counting towards the full A level.
- What does Tort: Remedies cover in WJEC AS-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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