AQA A level Law for Year 2 1st edition by Jacqueline Martin, Richard Wortley, Nicholas Price 151040144X 9781510401440

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ISBN-10 : 151040144X 

ISBN-13 : 9781510401440

Author: Jacqueline Martin, Richard Wortley, Nicholas Price

Exam board: AQA Level: A-level Subject: Law First teaching: September 2017 First exams: Summer 2019 This title has been selected for an AQA approval process. Accurately cover the breadth of content in the new 2017 AQA A-level specification with this textbook written by leading Law authors, Jacqueline Martin, Richard Wortley and Nicholas Price. This engaging and accessible textbook provides coverage of the new AQA A-level Law specification and features authoritative and up-to-date material on the important changes to the law. – Book 2 includes the second section of all mandatory units and both the Human Rights Law and Contract Law optional units. – Important, up-to-date and interesting cases and scenarios highlight key points. – Discussion and activity tasks increase your students’ understanding of more difficult concepts. – Practice questions and ‘check your understanding’ questions to help you prepare for your exams. Authors: – Jacqueline Martin LLM has ten years’ experience as a practising barrister and has taught law at all levels. – Richard Wortley has taught law at all levels. He has held a number of examining and assessing roles over the past 25 years. He retired from a management position in a large FE College to work freelance in law teacher support, writing and assessment work. – Nicholas Price is an experienced teacher of Law and an A-Level Law textbook author.

 

AQA A level Law for Year 2 1st Table of contents:

Chapter 1 Law and society

1.1 The role law plays in society

1.1.1 What is society?

1.1.2 Pluralism

1.1.3 Law in society

1.1.4 Social control

1.2 The effect of law on enforceable rights and the balance required between competing interests (such as public and private)

1.2.1 The balance of competing interests in contract law

1.2.2 The balance of competing interests in human rights law

1.3 The meaning and importance of fault in civil and/or criminal law

1.3.1 Examples of liability depending upon fault

1.3.2 Fault in civil and criminal law

Chapter 2 Law and morality

2.1 The distinction between law and morals

2.1.1 What is law?

2.1.2 What is morality?

2.1.3 Characteristics of legal and moral rules

2.2 The diversity of moral views in a pluralist society

2.2.1 Pluralism in the UK

2.2.2 Pluralism in Europe and the ECHR

2.2.3 Summary

2.3 The relationship between law and morality, and its importance

2.3.1 The coincidence of legal and moral rules

2.3.2 The influences of law and morality on each other and the importance of morality

2.4 The legal enforcement of moral values

2.4.1 The influence of John Stuart Mill

2.4.2 The Hart–Devlin debate

Chapter 3 Law and justice

3.1 The meaning of justice

3.2 Theories of justice

3.2.1 Distributive justice

3.2.2 Utilitarianism

3.2.3 Social justice

3.3 The extent to which the law (civil and criminal) achieves justice

3.3.1 Procedural justice

3.3.2 Corrective justice – sanctions and damages

3.3.3 Rules of natural justice

3.3.4 Substantive law – crime

3.3.5 Contract law

3.3.6 Human rights law

Criminal law

Chapter 4 Rules and theory in criminal law

4.1 Rules of criminal law

4.2 Factors in criminalising conduct

4.3 Harm as the basis for criminalising conduct

4.3.1 Paternalistic law

4.3.2 Legal moralism

4.4 Autonomy of the individual

4.4.1 Limited autonomy

4.5 Fault

4.5.1 Strict liability or no fault offences

4.6 Individual responsibility

4.7 Principles in formulating rules of criminal law

4.7.1 Fair labelling

4.7.2 Correspondence

4.7.3 Maximum certainty

4.7.4 No retrospective liability

Chapter 5 Murder

5.1 Homicide

5.2 The offence of murder

5.3 The actus reus of murder

5.3.1 ‘Killed’

5.3.2 ‘Reasonable creature in being’

5.3.3 ‘Queen’s Peace’

5.3.4 ‘Unlawful’

5.4 The mens rea of murder

5.4.1 Intent to kill or commit grievous bodily harm

5.4.2 Intention

5.4.3 Transferred malice

5.5 The mandatory life sentence

5.5.1 Minimum term

Chapter 6 Voluntary manslaughter

6.1 Partial defences to murder

6.2 Loss of control

6.2.1 Burden of proof

6.2.2 Loss of self-control

6.2.3 Qualifying trigger

6.2.4 Standard of self-control

6.3 Diminished responsibility

6.3.1 Definition of diminished responsibility

6.3.2 Burden of proof

6.3.3 Abnormality of mental functioning

6.3.4 Cause of the abnormality of mental functioning

6.3.5 Substantially impaired

6.3.6 What must be substantially impaired?

6.3.7 Provides an explanation for the defendant’s conduct

6.3.8 Diminished responsibility and intoxication

Chapter 7 Involuntary manslaughter

7.1 Defining involuntary manslaughter

7.1.2 Ways of committing involuntary manslaughter

7.2 Unlawful act manslaughter

7.2.1 Range of involuntary manslaughter

7.2.2 Unlawful act

7.2.3 Dangerous act

7.2.4 Causing the death

7.2.5 Mens rea

7.3 Gross negligence manslaughter

7.3.1 Duty of care

7.3.2 Breach of duty causing death

7.3.3 Gross negligence

7.3.4 Mens rea

Chapter 8 Property offences: theft

8.1 Definition of theft

8.2 ‘Appropriation’

8.2.1 Consent to the appropriation

8.2.2 Consent without deception – the problem of gifts

8.2.3 When does appropriation take place?

8.2.4 A later assumption of a right

8.3 ‘Property’

8.3.1 Real property

8.3.2 Things in action

8.3.3 Other intangible property

8.3.4 Things which cannot be stolen

8.4 ‘Belonging to another’

8.4.1 Possession or control

8.4.2 Proprietary interest

8.4.3 Property received under an obligation

8.4.4 Property received by a mistake

8.4.5 The operation of s 5(3) and s 5(4) today

8.5 ‘Dishonestly’

8.5.1 Behaviour which is not dishonest

8.5.2 Willing to pay

8.5.3 The Ghosh test for dishonesty

8.6 ‘Intention of permanently depriving’

8.6.1 Borrowing or lending

8.6.2 Intent permanently to deprive and throwing things away

Chapter 9 Robbery

9.1 Defining robbery

9.1.1 Completed theft

9.1.2 Force or threat of force

9.1.3 Force immediately before or at the time of the theft

9.1.4 Force in order to steal

9.1.5 Mens rea for robbery

Chapter 10 Preliminary offence: attempt

10.1 What is meant by ‘an attempt’?

10.1.1 Definition of ‘attempt’

10.2 Actus reus of attempt

10.2.1 Cases showing mere preparation

10.2.2 Cases in which there was an attempt

10.3 Mens rea of attempt

10.3.1 Mens rea of attempted murder

10.3.2 Is recklessness enough for the mens rea?

10.4 Impossibility

Chapter 11 Capacity defences

11.1 Insanity

11.1.1 The M’Naghten Rules

11.1.2 Defect of reason

11.1.3 Disease of the mind

11.1.4 Not knowing the nature and quality of the act

11.1.5 The special verdict

11.2 Automatism

11.2.1 Non-insane automatism

11.2.2 Self-induced automatism

11.3 Intoxication

11.3.1 Voluntary intoxication

11.3.2 Involuntary intoxication

11.3.3 Intoxicated mistake

Chapter 12 Necessity defences

12.1 Self-defence/prevention of crime

12.1.1 Was it necessary to use some force?

12.1.2 Was the force used proportionate?

12.1.3 The statutory defence – also known as the public defence

12.2 Duress

12.2.1 The threat

12.2.2 Against whom must the threat be made?

12.2.3 Did the defendant act reasonably?

12.2.4 Did the threats relate directly to the crime committed by the defendant?

12.2.5 Was there was any evasive action the defendant could have taken?

12.2.6 Did the defendant lay him- or herself open to the threats?

12.3 Duress of circumstances

Tort law

Chapter 13 The rules and theory of tort law

13.1 The rules of tort law

13.1.1 Fault

13.1.2 Strict liability

13.1.3 Associated defences and remedies

13.2 Theories of tort law

13.2.1 The public policy factors governing the imposition of a duty of care in negligence

13.2.2 The policy factors governing imposition of liability in negligence for pure economic loss and psychiatric injury

13.2.3 The factors governing the objective standard of care in a negligence action

13.2.4 The grant of injunctions and balancing conflicting interests

13.3 The nature and purpose of vicarious liability

Chapter 14 Liability in negligence for economic loss and psychiatric injury

14.1 Liability for pure economic loss caused by negligent acts and negligent misstatements

14.1.1 Loss caused by negligent acts

14.1.2 Loss caused by negligent misstatements

14.2 Liability for psychiatric injury sustained by primary and secondary victims

14.2.1 Negligence by the defendant has initially to be proved

14.2.2 A mental injury

14.2.2 Primary and secondary victims

14.2.3 Other categories of claimants

Chapter 15 Nuisance and the escape of dangerous things

15.1 The rules of private nuisance

15.1.1 The parties to an action

15.1.2 The elements of private nuisance

15.1.3 Factors of reasonableness

15.1.4 Defences

15.1.5 Remedies

15.1.6 Nuisance and fault

15.2 The rule in Rylands v Fletcher

15.2.1 Essential elements of the tort

15.2.2 Defences

15.2.3 Remedies

15.2.4 Rylands v Fletcher and fault

15.2.5 Developments in Rylands v Fletcher

Chapter 16 Vicarious liability

16.1 The nature and purpose of vicarious liability

16.2 Testing employment status

16.2.1 The control test

16.2.2 The integration or organisation test

16.2.3 The economic reality or multiple test

16.2.4 Recent developments

16.3 Acting in the course of employment

16.3.1 Torts committed in the course of employment

16.3.2 Payment of compensation

16.4 Other areas of vicarious liability

Contract law

Chapter 17 The rules and theory of contract law

17.1 Rules and principles of contract law

17.2 The theory of the law of contract

17.2.1 Implied terms are default terms

17.2.2 Freedom of contract and the competing need to protect the consumer

17.2.3 The distinction between offers, offers in unilateral contract and invitation to treat

17.2.4 Acceptances including the rationale for the postal rule and its relationship to electronic communications

17.2.5 The rationale for consideration, and the relationships between consideration and privity, and between consideration and economic duress

17.2.6 The nature and effectiveness of exemption clauses

17.2.7 The nature and effectiveness of remedies, including specifically consumer remedies

17.2.8 Good faith

17.2.9 Balancing interests and justice

17.2.10 The principle of fault

17.2.11 Morality

Chapter 18 Essential requirements of contract (1): offer and acceptance

18.1 The offer

18.1.1 An offer or an invitation to treat?

18.1.2 Who can make an offer?

18.1.3 To whom can an offer be made?

18.1.4 How long does an offer last?

18.1.5 How an offer can end

18.2 Acceptance

18.2.1 How do you accept an offer?

18.2.2 When does acceptance take place?

Chapter 19 Essential requirements of contract (2): consideration and privity, intention to create legal relations

19.1 Consideration

19.1.1 The rules of consideration

19.2 Privity

19.2.1 The general principle of privity of contract

19.2.2 The relationship between privity and consideration

19.2.3 General exceptions

19.2.4 Contracts (Rights of Third Parties) Act 1999

19.3 Intention to create legal relations

19.3.1 Business agreements

19.3.2 Business or domestic agreement?

19.3.3 Social and domestic arrangements

19.3.4 Summary of the law of intention to create legal relations

Chapter 20 Contract terms: general and specific to consumer contracts

20.1 Express and implied terms

20.2 Types of term

20.2.1 Condition

20.2.2 Warranty

20.2.3 Innominate term

20.3 Is a statement a mere representation or a term of the contract?

20.3.1 The importance attached to the representation

20.3.2 Special knowledge or skill of the person making the statement

20.3.3 The time lag between the making of the statement and the making of the contract

20.3.4 Whether there is a written contract

20.4 Terms implied by common law or statute

20.4.1 Terms implied by common law

20.5 Specific terms implied by statute in relation to consumer contracts

20.5.1 The Consumer Rights Act 2015

20.5.2 Terms implied into a contract to supply goods

20.5.3 Remedies for the breach of a term implied into a contract to supply goods

20.5.4 Terms implied into a contract to supply services

20.5.5 Remedies for the breach of a term implied into a contract to supply services

Chapter 21 Contract terms: exclusion clauses

21.1 The nature of exclusion and limitation clauses

21.1.1 Rules relating to construction and interpretation of contracts

21.1.2 Common law controls

21.1.3 The effect of exclusion clauses on third parties to the contract

21.1.4 The contra proferentem rule

21.2 Statutory control of exemption clauses

21.2.1 The Unfair Contract Terms Act 1977

21.2.2 The Consumer Rights Act 2015

Chapter 22 Vitiating factors

22.1 What is a vitiating factor?

22.2 The nature of misrepresentation

22.2.1 False statement

22.2.2 Material fact

22.2.3 Made by a party to the contract

22.2.4 Induces the other party to enter the contract

22.2.5 Misrepresentation – omissions in consumer context

22.3 Different types of misrepresentation

22.3.1 Innocent misrepresentation

22.3.2 Negligent misrepresentation

22.3.3 Fraudulent misrepresentation

22.4 Remedies for misrepresentation

22.4.1 Innocent misrepresentation

22.4.2 Negligent misrepresentation

22.4.3 Fraudulent misrepresentation

22.4.4 Damages and misrepresentation

22.4.5 The difference between damages in contract and in tort

22.5 Economic duress: definition

22.5.1 Effect of a finding of duress

22.6 Remedies for economic duress

Chapter 23 Discharge of a contract

23.1 What is discharge of contract?

23.2 Discharge by performance

23.2.1 Divisible contracts

23.2.2 Substantial performance

23.2.3 Prevention of full performance

23.2.4 Acceptance of part-performance

23.2.5 The effect of a term as to time for performance of a contract

23.3 Discharge by breach

23.3.1 Actual breach

23.3.2 Anticipatory breach

23.3.3 Remedies for breach: summary

23.4 Discharge by frustration

23.4.1 Impossibility of performance

23.4.2 The contract becoming illegal to perform

23.4.3 When frustration cannot apply

23.4.4 Remedies for frustration

Chapter 24 Remedies

24.1 What is a remedy?

24.2 Compensatory damages

24.2.1 Types of damages

24.2.2 Causation and remoteness of damage

24.2.3 Summary of the role of the defendant’s knowledge

24.2.4 Categories of recoverable loss

24.2.5 The duty to mitigate the loss

24.2.6 Liquidated damages

24.3 Equitable remedies

24.3.1 Specific performance

24.3.2 Rescission

24.4 Termination of contract for breach

24.4.1 Rights against the goods

Human rights

Chapter 25 Rules and theory in human rights law

25.1 Rules in human rights law

25.2 Theories of human rights

25.2.1 The development of human rights

25.2.2 Basic principles

25.3 Rights contrasted with liberties

25.4 The scope of fundamental human rights

25.4.1 EU rights

25.4.2 The common law

Chapter 26 Human rights in international law

26.1 The Second World War and its aftermath in relation to human rights

26.2 The United Nations and the Universal Declaration of Human Rights 1948

26.2.1 The Universal Declaration of Human Rights 1948

26.3 The Council of Europe and the European Convention on Human Rights 1953

26.4 Human Rights and the European Union

26.4.1 The Charter of Fundamental Rights and Freedoms

Chapter 27 Human Rights in the UK before and after the Human Rights Act 1998

27.1 The status of the European Convention on Human Rights in the UK before the Human Rights Act 1998

27.1.1 Effect of decisions of ECtHR after 1966

27.1.2 The ECHR and the courts

27.1.3 The ECHR and the European Community (Union)

27.2 Impact of the decisions of the ECtHR prior to HRA 1998

27.3 The effect of HRA 1998 on incorporating and interpreting the provisions of the ECHR into UK laws

27.3.1 Primary legislation

27.3.2 Secondary legislation

27.3.3 Declarations of incompatibility

27.3.4 Private law

27.3.5 Sections 6 and 7 HRA 1998

27.4 Impact of constitutional arrangements and on the law of the UK including the entrenched nature of HRA 1998 in the devolutionary settlements of Scotland and Northern Ireland

27.4.1 The entrenched nature of HRA 1998

27.4.2 Scotland

27.4.3 Northern Ireland

27.5 Reform of human rights

Chapter 28 Article 2 ECHR: right to life and justified exceptions

28.1 The requirements of Article 2

28.1.1 The primary obligations on the state as interpreted by the ECtHR

28.1.2 The state’s duty to protect life

28.1.3 The state’s duty to make an adequate investigation into loss of life

28.1.4 Justifications stated within the Article for interferences with the rights imposed by primary obligations and by which the state may seek to avoid a finding of a violation

28.2 English law and its compatibility with ECHR obligations

28.2.1 Analysis of relevant English law to determine compatibility with ECHR obligations and the consequences where English law appears to interfere with the ECHR

Chapter 29 Article 5 ECHR: the right to liberty and security of person

29.1 The requirements of Article 5 ECHR

29.1.1 The meaning of ‘deprivation of liberty’

29.1.2 The additional positive duty

29.1.3 In accordance with procedure prescribed by law

29.1.4 Justified deprivation of liberty

29.1.5 Articles 5.2–5.3: additional requirements to justify deprivation of liberty in cases of lawful arrest or detention

29.1.6 Article 5.5: right to compensation

29.2 English law and its compatibility with ECHR obligations

29.2.1 In respect of Article 5(1)(a): lawful detention after conviction by a competent court

29.2.2 In respect of Article 5.1(b): non-compliance with a court order or to secure an obligation required by law

29.2.3 Articles 5.1(c) and 5.2

29.2.4 In respect of Article 5.3: PACE 1984 and bail

Chapter 30 Article 8 ECHR: the right to respect for family and private life

30.1 Article 8 ECHR

30.2 General aspects of qualified rights

30.3 Background to Article 8: who is ‘everyone’?

30.4 The scope of Article 8

30.4.1 ‘Respect’

30.4.2 ‘Private life’

30.4.3 ‘Family life’

30.4.4 ‘Home’

30.4.5 ‘Correspondence’

30.4.6 Justifications stated within the Article for interferences with the rights imposed by primary obligations and by which the state may seek to avoid a finding of a violation

30.5 English law and its compatibility with ECHR obligations

30.5.1 ‘Private life’

30.5.2 ‘Family life’

30.5.3 ‘Home’

30.5.4 The overlap of Articles 8 and 10

Chapter 31 Article 10 ECHR: freedom of expression

31.1 Article 10

31.2 The key provisions of Article 10

31.2.1 Freedom to hold opinions

31.2.2 Freedom to communicate information and ideas

31.2.3 Freedom to receive information and ideas

31.2.4 Justifications stated within the Article for interferences with the rights imposed by primary obligations and by which the state may seek to avoid a finding of a violation

31.2.5 In the interests of national security

31.2.6 With respect to territorial integrity or public safety

31.2.7 For the prevention of disorder or crime

31.2.8 For the protection of health or morals

31.2.9 For the protection of the reputation or rights of others

31.2.10 For preventing the disclosure of information received in confidence

31.2.11 For maintaining the authority and impartiality of the judiciary

31.2.12 Article 10 and the internet

31.3 English law and its compatibility with ECHR obligations

31.3.1 Protecting reputation and physical/mental integrity

31.3.2 Protecting the secrecy of non-public information

31.3.3 Protecting an interest in the proper administration of justice

31.3.4 Protecting society from depravity, corruption and offense

31.3.5 Protecting from offence directed at religious beliefs and race

31.3.6 Preserving public order and the peace

31.4 Overlap of Articles 8 and 10

31.4.1 Criteria for balancing Articles 8 and 10

Chapter 32 Article 11 ECHR: right to freedom of assembly and association

32.1 Article 11

32.2 The rights under Article 11

32.2.1 The primary obligations on the state as interpreted by the ECtHR

32.2.2 Justifications stated within the Article for interferences with the rights imposed by primary obligations and by which the state may seek to avoid a finding of a violation

32.2.3 ‘For a legitimate aim’

32.3 English law and its compatibility with ECHR obligations

32.3.1 Analysis of relevant English law to determine compatibility with ECHR obligations and the consequences when English law appears to interfere

Chapter 33 Enforcement

33.1 Claims under HRA 1998 in English courts

33.1.1 Requirements of s 6 HRA 1998

33.1.2 Actions against public authorities

33.1.3 Remedies

33.2 Claims before the ECtHR

33.2.1 Making a claim

33.2.2 Precedent

33.2.3 The margin of appreciation

33.2.4 Remedies

33.3 The relationship between the ECtHR and other bodies and rules

33.3.1 The European Court of Justice

33.3.2 English courts

33.3.3 The UK Parliament

33.3.4 UK delegated legislation

33.3.5 UK administrative policies

33.4 The process of judicial review

33.4.1 Whose decisions can be challenged by judicial review?

33.4.2 Who can bring a judicial review action?

33.4.3 Time limits

33.4.4 The grounds for judicial review

33.4.5 The orders that the court can make

 

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