Law Paper-2 A-Level Yearly Worked Solutions

Law Paper-2
All Variants Yearly Worked Solutions

Article # 481
(2004 – 2019)
Author:
Ms Mariam Saeed
Principal at Roots Millennium

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Title Law Paper-2 A-Level Yearly Worked Solutions

Author Ms Mariam Saeed
Cell: +92 03004016222
msmariam9@gmail.com
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PREFACE
This book is a comprehensive compilation of past papers coupled with suggested answers in a simple
format. The book is an essential resource for teaching, learning and revising the Cambridge
International A Level Law subject (Subject Code: 9084) Paper 1 and Paper 2. It is effective and
beneficial for both teachers and students. I have included the mark bands and assessment criteria
which are important guides to attempt legal questions. The IRAC principle is evident in the suggested
answers and attempts to clear any ambiguity that a Law student might have while outlining and
highlighting legal principles and citing relevant case law.
Wishing all Law students the very best in their endeavours.
Ms. Mariam Saeed

Email: msmariam9@gmail.com
Mobile number: 0300 4016222
ABOUT THE AUTHOR
Ms. Mariam Saeed is a UOL LLB (Hons) graduate. She is a High Court Advocate and has worked in
the Academic Sector since 1997. Ms. Mariam Saeed has been and is associated with renowned
Institutes as a Law lecturer and also has the experience of serving as Head of O & A level and Head
of International Qualifications and Programmes at prestigious Institutes. She is an internationally
certified College Counselor. A passionate educationist she has pioneered law courses at various
levels including school and university and has experience of ACCA teaching as well. She has
pioneered the concepts of Law Moots and Law Seminars at School level. To facilitate students she
also compiled and authored the first Exam Revision for A Level Law which due to popular demand is
now being updated. With the conscientious and consistent work done by Ms Mariam and her
commitment to imparting quality legal education, she has not only produced exceptional results but
at present her students have achieved milestones in their careers. A woman who leads from her heart
Ms Mariam still continues to instill the love for learning in the young generation and has the will and
endeavor to promote excellence in education. Hence, continues to contribute to the educational
growth of Pakistan.
DEDICATION
This compilation is dedicated to all my students. Imparting legal education with such dedication is a
due to the commitment shown by each batch to learn and succeed at all costs. I wish all of you the
very best in your exams and pray that my humble effort at compiling this book helps you.
I would like to take this opportunity to thank my teachers and seniors who have nurtured and guided
me along with instilling the love for teaching and learning with excellence.
A heartfelt thank you to Mr. Imran Latif for giving me the opportunity to recompile and publish my book
with style and to Mr. Furqan Latif for encouraging me in my efforts and for making this publication
possible.
Thank you Rizwan Sahab for being a great supporting factor.
Last but most certainly not the least a big thank you to my friends, family and my daughter Khadija
Saeed. It is your faith in me that has allowed me to come this far. Stay blessed always.
CONTENTS
1 Syllabus ---------------------------------------------------------------------------------------- 3
2 Assessment Objectives ----------------------------------------------------------------------------- 11
3 Mark Bands ---------------------------------------------------------------------------------------- 12
4 May/June 2017 Paper 21 ------------------------------------------------------------------ 13
Suggested Answers ------------------------------------------------------------------ 17
5 May/June 2017 Paper 22 ------------------------------------------------------------------ 22
6 May/June 2017 Paper 23 ------------------------------------------------------------------ 31
7 May/June 2016 Paper 21 ------------------------------------------------------------------ 40
8 May/June 2016 Paper 22 ------------------------------------------------------------------ 48
9 May/June 2016 Paper 23 ------------------------------------------------------------------ 57
10 October/November 2016 Paper 22 ------------------------------------------------------------------ 65
11 May/June 2015 Paper 21 ------------------------------------------------------------------ 74
12 May/June 2015 Paper 22 ------------------------------------------------------------------ 82
13 May/June 2015 Paper 23 ------------------------------------------------------------------ 90
14 October/November 2015 Paper 21/23 ------------------------------------------------------------------ 98
16 May/June 2014 Paper 21 ------------------------------------------------------------------ 114
17 May/June 2014 Paper 22 ------------------------------------------------------------------ 122
18 May/June 2014 Paper 23 ------------------------------------------------------------------ 127
22 May/June 2013 Paper 21 ------------------------------------------------------------------ 156
23 May/June 2013 Paper 22 ------------------------------------------------------------------ 162
24 May/June 2013 Paper 23 ------------------------------------------------------------------ 170
Suggested Answers ----------------------------------------------------------------- 190
27 May/June 2012 Paper 21 ------------------------------------------------------------------ 195
28 May/June 2012 Paper 22 ------------------------------------------------------------------ 203
29 May/June 2012 Paper 23 ------------------------------------------------------------------ 210
32 May/June 2011 Paper 21 ------------------------------------------------------------------ 235
33 May/June 2011 Paper 22 ------------------------------------------------------------------ 241
34 May/June 2011 Paper 23 ------------------------------------------------------------------ 248
37 May/June 2010 Paper 21 ------------------------------------------------------------------ 265
38 May/June 2010 Paper 22 ------------------------------------------------------------------ 269
39 May/June 2010 Paper 23 ------------------------------------------------------------------ 273
41 May/June 2009 Paper 2 ------------------------------------------------------------------ 281
44 May/June 2008 Paper 2 ------------------------------------------------------------------ 294
46 May/June 2007 Paper 2 ------------------------------------------------------------------ 303
48 May/June 2006 Paper 2 ------------------------------------------------------------------ 317
50 May/June 2005 Paper 2 ------------------------------------------------------------------ 330
52 May/June 2004 Paper 2 ------------------------------------------------------------------ 341
YEARLY PAST PAPER 355

October/November 2017 Paper 22 ------------------------------------------------------------------ 356
May/June 2018 Paper 22 ------------------------------------------------------------------ 363
October/November 2018 Paper 22 ------------------------------------------------------------------ 371
May/June 2019 Paper 22 ------------------------------------------------------------------ 379
Law 3 Syllabus
Changes to syllabus for 2017, 2018 and 2019

This syllabus has been updated. The latest syllabus is version 2, published February 2017.
Changes to the syllabus

Page 11, Unit 2: Machinery of justice, Section 2: enquiries’ changed to ‘inquiries’
Page 11, Unit 2: Machinery of justice, Section 4: ‘House of Lords’ changed to ‘Supreme Court’ to
reflect changes resulting from the Constitutional reform Act 2005*
Page 11, Unit 3 Legal Personnel, Section 1: training and education’ added to the syllabus content to
clarify that ‘recruitment’ includes not only acquiring a job as a barrister or solicitor but also the training
and education required
Page 12, Unit 2: Contents of contracts, Section 3: Consumer Rights Act 5015 added to the syllabus
content to reflect the introduction of a significant piece of new legislation in this area*
*These syllabus changes will not disadvantage candidates as responses will receive credit whether
refer to the old or new legislation.
Significant changes to the syllabus are indicated by black vertical lines either side of the text.
You are advised to read the whole syllabus before planning your teaching programme.
1. Syllabus content at a glance

Candidates for Advanced Subsidiary Level should study the Core syllabus only.
Candidates for Advanced Level should study the Core syllabus and the Extended syllabus.
Core topics Extension topics
All candidates study these topics: A Level candidates also study:
Sources of law  Nature and classification of law
 Common Law and Equity
 Doctrine of precedent
 Legislation
 Statutory interpretation
 Delegated legislation
 Human rights
 Law reform
Machinery of justice  Civil courts
 Alternative methods of dispute
resolution
 Criminal process
 Criminal courts
 Sentencing principles and sanctions of
courts
Legal personnel  Barristers and solicitors
 Judiciary
 Crown prosecution service
 Role of lay personnel
 Lord Chancellor
Law 4 Syllabus
Formation of valid  Nature of contract

contracts  Offer and acceptance
 Intention
 Consideration
 Capacity
Contents of contracts  Types of term
 Status of terms
 Control of exemption clauses
Vitiating factors  Vitiating factors
 Misrepresentation
 Mistake
 Passing of title under void
and voidable contracts
Remedies for breach  Common Law
 Equitable
Negligence and  Liability in negligence
occupier’s liability  Duty of care
 Breach of duty
 Causation
 Occupier’s liability
 Defences
Private nuisance and  Private nuisance
Rylands v. Fletcher  Ryland’s v. Fletcher
Trespass  Trespass to land
 Trespass to the person
Remedies  Common law
 Equitable
2. Assessment at a glance
Centres and candidates may choose to:
– Take all A And AS components at one exam series, leading to the full Advanced Level
qualification (Papers 1, 2, 3 and 4) or
– Take the AS components (Papers 1 and 2) at one exam series and, having received the AS
qualification, take the additional A2 components (papers 3 and 4) at a later series, leading to
the full Advanced Level qualification or
– Take the AS components only (Papers 1 and 2) at one exam series, leading to the Advanced
Subsidiary qualification.
Paper Weighting
Cambridge Cambridge
International International
AS Level A Level
Paper 1 (Structure and operation of the English 1 hour 30 mins
Legal System) 60% 30%
Candidates answer three essay questions from a choice of six.
Paper 2 (Data response: the English Legal 1 hour 30 mins
System)
40% 20%
Candidates answer one question from a choice of two. The paper
tests the candidate’s ability to apply their knowledge to examine
Law 5 Syllabus
critically and analyse a given case. The data may be drawn from
any area of English law.
Paper 3 (Law of Contract) 1 hour 30 mins
Section A: 3 essay questions
Section B: 3 scenario-based problem questions – 25%
Candidates answer three questions: one from Section A, one from
Section B and one other.
Paper 4 (Law of Tort) 1 hour 30 mins
Section A: 3 essay questions
Section B: 3 scenario-based problem questions – 25%
Candidates answer three questions: one from Section A, one from
Section B and one other.
3. Syllabus aims and assessment objectives
3.1 Syllabus aims

The aims of the Cambridge International AS & A Leve3l Law syllabus are to:
 Provide and introduction legal concepts and rules and the machinery involved in their
introduction, application and enforcement;
 Encourage candidates to explore and understand the substantive rules of law;
 Explore and critically assess the value of legal rules, processes and institutions;
 Develop skills of communication, interpretation, resoning and analysis.
3.2 Assessment objectives

There are three assessment objectives (AOs) for Cambridge International AS & A Level Law.
Candidates are expected to demonstrate:
AO1: Knowledge and understanding
An ability to recall, select, use and develop knowledge and understanding of legal principles
and rules by means of example and citation.
AO2: Analysis, evaluation and application

An ability to analyse and evaluate legal materials, situations and issues and accurately apply
appropriate principles and rules.
AO3: Communication and presentation

Use appropriate legal terminology to present logical and coherent argument and to
communicate relevant material in a clear and concise manner.
In each paper, the relative importance of each assessment objective is different. The percentage of
marks for each assessment objective is as follows:
Assessment Objective Paper 1 Paper 2 Paper 3 Paper 4

AO1: Knowledge and understanding 50 30 50 50
AO2: Analysis, evaluation and application 40 60 40 40
Law 6 Syllabus
AO3: Communication and presentation 10 10 10 10
4. Syllabus content
4.1 Structure and operation of the English Legal system

Unit 1: Sources of law
This unit introduces candidates to the principal historical and modern day sources of English law.
1. Nature and classification of law

 Comparison of law, rules and morals.
 The main classifications of law in England and Wales: criminal/civil law; public/private and
public international/private international law. Rules of law within these classifications.
2. Common Law and Equity
 The development of the Common Law of England and Wales; Custom.
 Historical development of Equity and its modern day applications.
3. Doctrine of precedent
 The doctrine of Stare Decisis.
 Judicial tools: distinguishing, overruling, reversing.
 Nature and authority of precedent with examples. Hierarchy of courts.
 Development of doctrine within House of Lords (Practice Statement 1966) and Court of
Appeal (Young’s case).
 Advantages and disadvantages.
4. Legislation
 Why legislation is necessary (to amend or repeal existing legislation, to change or add to
the common law, to codify or to consolidate law). Examples of use in each case.
 The legislative process.
5. Statutory interpretation
 The role of the judiciary as interpreters of statutes (Acts of Parliament).
 Common law rules of interpretation, rules of language, presumptions, intrinsic and extrinsic
aids (in particular, Hansard and Pepper v. Hart).
6. Delegated legislation
 The meaning of and reasons for delegated legislation. Importance and reasons for it as a
source of law. Types of delegated legislation.
 Controls: pre-drafting consultation, parliamentary proceedings, judicial review and
publicity.
7. Human Rights
 Introduction to Human Rights.
 European Convention on Human Rights; reasons for and application of Human Rights Act
1998; role of European Court of Human Rights.
8. Law reform
 Impetus for reform: role of Parliament and judges; effect of public opinion and pressure
groups.
 Agencies of reform: role of Law Commission; Royal Commissions and other agencies in
outline.
Law 7 Syllabus
Unit 2: Machinery of justice
This unit introduces candidates to the institutions and processes involved in the resolution of legal
matters.
1. Civil courts
 Jurisdiction of Magistrates Courts, County Court, Crown Court and High Court.
 The Appeal Courts and appeals system in general, including the appellate jurisdiction of
the Divisional Courts within the High Court.
2. Alternative methods of dispute resolution
 Tribunals, inquiries, conciliation and arbitration.
 Reasons for establishment; functions; respective advantages and disadvantages.
 Control of tribunals.
3. Criminal process
 Police powers: PACE – stop and search; arrest; detention and treatment of suspects at
police station.
 Right to silence.
 Pre trial matters: bail, mode of trial, committal proceedings.
4. Criminal courts
 Role and jurisdiction of Magistrates and Crown Courts.
 The Appeal Courts and appeals system in general, including appeals to the Divisional
Court, Court of Appeal and Supreme Court.
5. Sentencing principles and sanctions of courts
 Aims of sentencing; purpose and effect of sentences.
 Types of sentence: custodial, community, fines and discharge, compensation, other
powers. Young offenders.
Unit 3: Legal personnel
This unit introduces candidates to key legal personnel involved in the resolution of legal matters.
1. Barristers and solicitors

 Independence; role; recruitment; training and education.
 Overlap of roles.
2. The judiciary
 Role; recruitment and dismissal; training and education.
 Judicial independence.
3. The Crown Prosecution Service
 Function of the service.
4. Role of lay personnel
 Magistrates: qualifications; selection; training; function in civil and criminal cases;
advantages and disadvantages; role of Magistrates’ Clerk.
 Juries: qualifications; role in civil and criminal cases.
 Alternatives to use of juries.
 Criticism of the use of lay personnel.
5. Lord Chancellor
 Appointment; role.
Law 8 Syllabus
4.2 Law of Contract

Unit 1: Formation of valid contracts
This unit introduces candidates to a key area of substantive law. It explores the nature of contracts
and the rules that a court of law applies to determine whether contracts are valid or not.
1. Nature of contract
 Agreement; unilateral; bilateral; collateral.
2. Offer and acceptance
 Principles and evidence: offers; invitation to treat; counter offers; requests for information;
termination; acceptance.
3. Intention
 Reason for requirement; presumption and rebuttal in commercial and social/domestic
agreements.
4. Consideration
 Nature and function; sufficiency/adequacy, past, performance of existing duties;
promissory estoppel.
5. Capacity
 Reason for limitation.
 Minors’ contracts: necessaries; employment and training; continuing obligations; main
provisions of Minors’ Act 1987.
 Corporations, Persons of unsound mind, drunkards: a basic outline.
Unit 2: Contents of contracts
This unit examines the relative importance of different types of term that contracts may incorporate.
1. Types of term
 Express; implied (by statute only: Sale of Goods Act 1979 as amended).
2. Status of terms
 Conditions, warranties, innominate terms.
 Nature; examples; effects of breach.
3. Control of exemption clauses
 Common law: rules of incorporation; contra proferentem.
 Statutory: Unfair Contract Terms Act 1977; Unfair Terms in Consumer Contracts
Regulations 1999; Consumer Rights Act 2015.
Unit 3: Vitiating factors
This unit explores two key factors that can lead to seemingly valid contracts being declared invalid
and their inter-relationship.
1. Vitiating factors
 Reasons; invalidating effect.
2. Misrepresentation
 Definition; when actionable.
 Types: innocent; negligent; fraudulent.
 Effects on validity of contract; remedies at Common Law, in Equity and by statute
(Misrepresentation Act 1967).
3. Mistake
Law 9 Syllabus
 General rule and exceptions.

 Operative mistakes: common, mutual (cross purpose), unilateral.
 Mistakenly signed documents; non est factum.
 Effect at Common Law and in Equity.
4. Passing of title under void and voidable contracts.
 General rule.
 Nemo Dat Rule; sale under voidable title (Sale of Goods Act 1979 as amended).
Unit 4: Remedies for breach
This unit introduces candidates to the various types of remedy for breach of contract, their purpose
and the limitations on their award.
1. Common Law
 Damages: nature; purpose.
 Mitigation; remoteness.
2. Equitable
 Specific performance; specific restitution; injunction.
 Nature; purpose.
 Limitations on awards in contract law.
4.3 Law of Tort

Unit 5: Negligence and occupier’s liability
This unit offers candidates the opportunity to explore the nature of legal liability in a variety of
situations.
1. Liability in negligence
 Nature and justification: personal; vicarious (outline only *); joint tortfeasors.
2. Duty of care
 Neighbour principle; methods of establishing duty; negligent misstatement; nervous shock.
3. Breach of duty
 Standard of care; subjective considerations.
4. Causation
 ‘But for’ test; foreseeability; intervening acts; remoteness.
5. Occupier’s liability
 Standards of care.
 Lawful visitors: at Common Law; by Statute (Occupier’s Liability Act 1957).
 Unlawful visitors: at Common Law; by Statute (Occupier’s Liability Act 1984).
 Exclusion of liability.
6. Defences
 Consent: express/implied; knowledge of nature and extent.
 Volenti non fit injuria: voluntary nature; effect of Road Traffic Act 1988; rescue situations.
 Contributory negligence: nature and effect (Law Reform (Contributory Negligence) Act
1948).
 Inevitable accident; act of God.
* Vicarious liability: Candidates need to know and be able to comment on and criticise the
circumstances under which individuals may not be held solely liable for their own torts. Candidates
should be able to explore the employer/employee and the employer/independent contractor
Law 10 Syllabus
relationships as a minimum and understand the rules that mean that the ‘employer’ can be held
vicariously liable for the torts committed by one but not the other. Candidates should know and
understand not merely the basic principle but how and why it exists.
Unit 6: Private nuisance and Rylands v. Fletcher
This unit introduces candidates to an area of the law that regulates behaviour at home and at work
as it affects the rights of those around us and enables them to explore the concepts of fault-based
and strict liability in tort.
1. Private nuisance
 Definition; nature of liability; who can sue and be sued.
 Relevance of locality, utility, sensitivity, duration and malice to liability.
 Defences: prescription; statutory authority.
2. Rylands v. Fletcher
 Definition; nature of liability (strict v. fault based); conditions of liability; relationship with
nuisance.
 Defences: consent; act of stranger; statutory authority; act of God; default of claimant.
Unit 7: Trespass
This unit enables candidates to explore areas that deal with unlawful direct interference with the
person and his or her land.
1. Trespass to land
 Unlawful entry; intention; continuing trespass.
 Defences: lawful authority; licence; right of entry.
2. Trespass to the person
 Assault and battery: elements; conditions of liability; defences of consent, lawful authority
and necessity.
 False imprisonment: elements; conditions of liability; defence of lawful detention (powers
to arrest and detain in outline).
Unit 8: Remedies
This unit introduces candidates to the various types of remedy in tort, their purpose and the limitations
on their award.
1. Common Law
 Damages: nature; purpose.
 Mitigation; remoteness.
2. Equitable
 Specific performance; specific restitution; injunction.
 Nature; purpose.
 Limitations on awards in the law of tort.
Law 11 Assesment Objectives
Assessment Objectives
Students are expected to demonstrate:

Knowledge and Understanding
– recall, select, use and develop knowledge and understanding of legal principles and rules by means of
example and citation
Analysis, Evaluation and Application
– analyse and evaluate legal materials, situations and issues and accurately apply appropriate principles
and rules
Communication and Presentation
– use appropriate legal terminology to present logical and coherent argument and to communicate
relevant material in a clear and concise manner.
Specification Grid
The relationship between the Assessment Objectives and this individual component is detailed below.
The objectives are weighted to give an indication of their relative importance, rather than to provide a precise
statement of the percentage mark allocation to particular assessment objectives.
Assessment Objective Paper 1 Paper 2 Paper 3 Paper 4 Advanced Level
Knowledge/Understanding 50 50 50 50 50
Analysis/Evaluation/Application 40 40 40 40 40
Communication/Presentation 10 10 10 10 10
Law 12 Mark Bands
Mark Bands
The mark bands and descriptors applicable to all questions on the paper are as follows. Maximum mark
allocations are indicated in the table at the foot of the page.
Indicative content for each of the questions follows overleaf.
Band 1:
The answer contains no relevant material.
Band 2:
The students introduces fragments of information or unexplained examples from which no coherent explanation
or analysis can emerge
OR
The student attempts to introduce an explanation and/or analysis but it is so fundamentally undermined by error
and confusion that it remains substantially incoherent.
Band 3:
The student begins to indicate some capacity for explanation and analysis by introducing some of the issues,
but explanations are limited and superficial
OR
The student adopts an approach in which there is concentration on explanation in terms of facts presented
rather than through the development and explanation of legal principles and rules
OR
The student attempts to introduce material across the range of potential content, but it is weak or confused so
that no real explanation or conclusion emerges.
Band 4:
Where there is more than one issue, the students demonstrates a clear understanding of one of the main issues
of the question, giving explanations and using illustrations so that a full and detailed picture is presented of this
issue
OR
The students presents a more limited explanation of all parts of the answer, but there is some lack of detail or
superficiality in respect of either or both so that the answer is not fully rounded.
Band 5:
The students presents a detailed explanation and discussion of all areas of relevant law and, while there may
be some minor inaccuracies and/or imbalance, a coherent explanation emerges.
Maximum Mark Allocations:

Question 1 2 3 4 5 6
Band 1 0 0 0 0 0 0
Band 2 6 6 6 6 6 6
Band 3 12 12 12 12 12 12
Band 4 19 19 19 19 19 19
Band 5 25 25 25 25 25 25
Law Paper-2 13 May/June 2017
May/June 2017 Paper 21
Answer either Question 1 or Question 2.
You should make appropriate reference to the source material supplied for each question.
1 (a) Justin makes tents and he advertises them on his website as being waterproof and
easy to put up. Marie owns an outdoor equipment shop and sees the advertisement
for Justin’s tents. She buys 1000 tents for £15 000. The tents are very popular and
Marie soon sells 100. Within a week, customers are bringing the tents back because
they let water in and are hard to put up.
Explain how the Supply of Goods and Services Act 1982 will apply to Marie. [10]
(b) Pete runs a business which sells cars on to local garages. He advertises a car for
sale for £8000 saying it has done 15 000 miles and been fitted with a new gear-box
and brakes. William, a mechanic, runs a garage and he goes to look at the car Pete
is selling. William buys the car for £8000 but on the way back to his garage he cannot
change gear. As he tries to stop the car the brakes fail and William crashes.
Explain how the Supply of Goods and Services Act 1982 will apply to William. [10]
(c) Diane is a rug designer. Gary, a wool supplier, sends Diane a sample of his wool and
says she must decide whether or not to buy it quickly as he has had another offer.
Diane likes the colour of the wool so she buys it immediately for £10 000 and spends
£40 000 setting up new machinery to make rugs. When the wool arrives it matches
the sample but is thicker than the machines are designed for. This slows the
machines and doubles Diane’s projected costs.
Explain how the Supply of Goods and Services Act 1982 will apply to Diane. [10]
(d) Describe the way in which someone who has a problem with a contract they have
made would use the civil courts. Critically evaluate the effectiveness of the civil
courts. [20]
Source material for Question 1
Supply of Goods and Services Act 1982

Section 3 Implied terms where transfer is by description
(1) This section applies where, under a contract for the transfer of goods, the transferor
transfers or agrees to transfer the property in the goods by description.
(2) In such a case there is an implied condition that the goods will correspond with the
description.
Section 4 Implied terms about quality or fitness

…
(2) Where, under such a contract, the transferor transfers the property in goods in the course of
a business, there is an implied condition that the goods supplied under the contract are of
satisfactory quality.
(2A) For the purposes of this section … goods are of satisfactory quality if they meet the standard
that a reasonable person would regard as satisfactory, taking account of any description of
the goods, the price (if relevant) and all the other relevant circumstances.
…
(3) The condition implied by subsection (2) above does not extend to any matter making the
quality of goods unsatisfactory─
(a) which is specifically drawn to the transferee’s attention before the contract is made,
(b) where the transferee examines the goods before the contract is made, which that
examination ought to reveal, or
(c) where the property in the goods is transferred by reference to a sample, which would
have been apparent on a reasonable examination of the sample.
Section 5 Implied terms where transfer is by sample

(1) This section applies where, under a contract for the transfer of goods, the transferor
transfers or agrees to transfer the property in the goods by reference to a sample.
(2) In such a case there is an implied condition─
(a) that the bulk will correspond with the sample in quality; and
(b) that the transferee will have a reasonable opportunity of comparing the bulk with the
sample; and
(c) that the goods will be free from any defect, making their quality unsatisfactory, which
would not be apparent on reasonable examination of the sample.
Section 5A Modification of remedies for breach of statutory condition in non-consumer

cases
(1) Where in the case of a contract for the transfer of goods─
(a) the transferee would, apart from this subsection, have the right to treat the contract
as repudiated by reason of a breach on the part of the transferor of a term implied by
section 3, 4 or 5(2)(a) or (c) above, but
(b) the breach is so slight that it would be unreasonable for him to do so, then … the
breach is not to be treated as a breach of condition but may be treated as a breach of
warranty.
2 (a) Giovanni is shopping in a supermarket. At the till he hands over a £20 note. The
cashier is busy talking to her friend and gives Giovanni change for a £50 note.
Giovanni sees what has happened but he puts the money in his pocket and leaves
the supermarket. After a few minutes Giovanni thinks about going back to the
supermarket but he decides it was the cashier’s fault and spends the money.
Explain how the Theft Act 1968 will apply to Giovanni. [10]
(b) Camilla goes to a restaurant for lunch on a rainy day and leaves her coat in the
cloakroom. When Camilla leaves it is sunny and she forgets about her coat, leaving it
in the cloakroom. Two months later Camilla goes for dinner at the same restaurant.
When she is leaving it is raining heavily so she goes to the cloakroom and takes a
coat. By coincidence, the coat Camilla takes is the same one she left there two
months ago.
Explain how the Theft Act 1968 will apply to Camilla. [10]
(c) Maria gives £50 to her son, Rodrigo, to do some grocery shopping. She also gives
him a list of items to buy. Maria tells Rodrigo that if there is any money left he can
spend it on himself. On the way to do the shopping, Rodrigo sees a shirt in a shop
window. He tries the shirt on and buys it for £30. Rodrigo does not have enough
money left to buy all of the items on the list.
Explain how the Theft Act 1968 will apply to Rodrigo. [10]
(d) Critically evaluate the use of precedent to develop the law. [20]
Theft Act 1968

Section 5 “Belonging to another”
(1) Property shall be regarded as belonging to any person having possession or control of it, or
having in it any proprietary right or interest (not being an equitable interest arising only from
an agreement to transfer or grant an interest).
…
(3) Where a person receives property from or on account of another, and is under an obligation
to the other to retain and deal with that property or its proceeds in a particular way, the
property or proceeds shall be regarded (as against him) as belonging to the other.
(4) Where a person gets property by another’s mistake, and is under an obligation to make
restoration (in whole or in part) of the property or its proceeds or of the value thereof, then to
the extent of that obligation the property or proceeds shall be regarded (as against him) as
belonging to the person entitled to restoration, and an intention not to make restoration shall
be regarded accordingly as an intention to deprive that person of the property or proceeds.
R v Turner (No 2) [1971]

Turner had taken his car to a garage to be repaired. The job was finished and the car was parked
outside overnight awaiting collection. Turner used his spare set of keys to remove the car without
paying.
Held: The jury found Turner guilty of stealing his own car. The reason was that the garage proprietor
had temporary possession and control of Turner’s car until the bill had been settled.
Davidge v Bunnett [1984]

B received cheques from her flat mates which were to pay for the communal gas bill. B spent the
money on Christmas presents and left the flat without paying the gas bill.
Held: B was liable for theft as under s.5(3) Theft Act 1968 the cheques had been given with a clear
obligation to apply the money for payment of the gas bill.
A-G Ref (No 1 of 1983) [1985]

The defendant, a police-woman, received an overpayment in her wages by mistake. She had
noticed that she had received more than she was entitled to but did not say anything to her
employer. She did not withdraw any of the money from her bank account. The trial judge directed
the jury to acquit. The Attorney General referred a question to the Court of Appeal.
Held: It was possible for a theft conviction to arise where the defendant had not withdrawn the
money. There was a legal obligation to return the money received by mistake.
Suggested Answers
Question-1(a):
Band 1 [0 marks]
– Irrelevant answer.
Band 2 – 3 [1–5 marks]
– A student needs to be selective in choosing the correct part of the source material.
(a) Principle without section – understanding that Marie will be able to treat the
contract as repudiated.
and/or
(b) Reference to s.3 and/or s.4 and/or s.5A Supply of Goods and Services Act
1982 with little or no development.
Band 4 [6–7 marks]
– Reference to some of s.3 and/or s.4 and/or s.5A with some development and some
application.
– Full development of the relevant sections.
– Conclusion: Marie will be able to treat the contract as repudiated as the breach is not
covered by s.5A.
– The tents Marie buys should match their description under s3.
– Under s.4(2) and s.4(2)(2A) a reasonable person would expect that the tents should be
easy to put up and not let water in.
Question-1(b):
Band 1 [0 marks]
(a) Principle without section – understanding that William will not be able to
repudiate the contract.
and/or
(b) Reference to s3 and/or s4 and/or s5A Supply of Goods and Services Act 1982
with little or no development.
– Reference to some of s3 and/or s4 and/or s5A with little development and some
application.

– Conclusion: William will not be able to repudiate the contract under s5(A).
– William might come within s3 and s4(2) as the car should be of satisfactory quality.
– However under s4(2)(3)(b) William is a mechanic and he went to look at the car so he
could have checked the work and seen that there was a problem.
Question-1(c):
– Explain how the Supply of Goods and Services Act 1982 will apply to Diane.
Band 1 [0 marks]
(a) Principle without section – understanding that Diane will be able to repudiate
the contract.
and/or
(b) Reference to s5 and/or s5A Supply of Goods and Services Act 1982 with little
or no development
– Reference to some of s5 and/or s5A with little development and some application.
– Conclusion: Diane will be able to repudiate the contract.
– Under s5(2)(a) the bulk does match the description but Diane may be able to say that
she didn’t have chance to really examine the sample carefully under s5(2)(b) and
Diane did not know the impact of this under s5(2)(c).
– Credit an alternative argument that Diane has no remedy based on s5(2)(a) as she did
see the sample.
– Under s.5A(1)(a) the doubling of the cost means the contract will be repudiated as it is
not ‘slight’ under (b)
Question-1(d):
Band 1 [0 marks]
– Discusses the civil court structure and/or its effectiveness in very general terms.

– Some more detailed references to the civil court structure, including the track system,
but with a largely factual basis.
– Some general discussion of the effectiveness of the structure.
Band 4/5 [14–20 marks]
– Very good detail on the civil court structure, including the track system, and good
discussion of the effectiveness of civil courts.
– To reach higher marks both aspects of the question need to be dealt with in some
detail with good critical awareness.
Question-2(a):
Band 1 [0 marks]
(a) Principle without section – understanding that Giovanni is covered by s5 Theft
Act 1968.
and/or
(b) Reference to s5 Theft Act 1968 and/or A-G Ref (No 1 of 1983)(1985) with little
or no development.
– Reference to some of s5 Theft Act 1968 and/or A-G Ref (No 1 of 1983)(1985) with
some development and some application.
– Conclusion: Giovanni comes within s5. Under s.5(1) he does have possession and
control of the extra change but not a proprietary right.
– This is because under s.5(4) he has been given the money by mistake and he realises
so he has a legal obligation to return it.
– Apply AG Ref as in that case the police-woman had received the money by mistake but
did not say anything when she realised this was the case.
Question-2(b):
Band 1 [0 marks]
(a) Principle without section – understanding that Camilla is covered by s5 Theft

Act 1968.
and/or
(b) Reference to s5 Theft Act 1968 and/or R v Turner (1971) with little or no
development.
– Reference to some of s5 Theft Act 1968 and/or R v Turner (1971) with some
development some application.
– Conclusion: Camilla is covered by s5.
– Under s.5(1) the restaurant is in possession and control of the rain coat.
– Camilla may argue she has a proprietary interest as it is in fact her own raincoat.
– Apply law as developed by R v Turner to the effect that Camilla can steal her own coat
and so be covered by s5 as the restaurant were in possession and control of it.
Question-2(c):
Band 1 [0 marks]
(a) Principle without section – understanding that Rodrigo is covered by s5 Theft
Act 1968.
and/or
(b) Reference to s5 Theft Act 1968 and/or Davidge v Bunnett (1984) with little or no
development.
– Reference to s5 Theft Act 1968 and/or Davidge v Bunnett (1984) with some
development and some application.
– Conclusion:
– Rodrigo is covered by s5.
– Under s.5(1) he does have possession and control of the money.
– Credit argument that he may have a proprietary interest as it is money between a
mother and son.
– Under s.5(3) he has been given money for shopping his mother wants, not to buy a
shirt first.
– Apply Davidge v Bunnett as money has been given for a specific purpose.
– Credit discussion that the case can be distinguished as being between a mother and
son rather than flat mates.
Question-2(d):
Band 1 [0 marks]
– Describes and/or discusses precedent in very general terms.
– More detailed references to precedent and some discussion of its developmental role
but with a largely factual basis.
– Very good detail on the way in which precedent develops the law and good discussion
on its effectiveness.
– To reach higher marks need to engage with both the role and effectiveness of
precedent showing good critical awareness.
May/June 2017 Paper 22
Answer either Question 1 or Question 2.
You should make appropriate reference to the source material supplied for each question.
1 (a) Ali has been charged with manslaughter. He appears before a magistrate so he can
be committed for trial at the Crown Court. Ali shouts that he wants his case heard by
at least two magistrates and in private. The magistrate tells Ali to be quiet but he
starts to sing loudly and will not stop. The magistrate sends Ali out of court, looks at
all the material relating to the case and commits him for trial at the Crown Court.
Explain whether Ali’s committal proceedings are lawful under the Magistrates’ Courts
Act 1980. [10]
(b) Jasmine has been charged with burglary and Brian is the prosecuting barrister. At the
committal proceedings he wants to submit a written statement from Connor, aged 16,
who saw Jasmine breaking into a shop. Connor has signed the statement but it does
not say how old he is. Brian is in a rush to meet with a client so he gives the
statement to the magistrate and asks them to pass it on to the defence barrister.
Explain whether Jasmine’s committal proceedings are lawful under the Magistrates’
Courts Act 1980. [10]
(c) Jerome has been charged with the murder of a famous pop star. His barrister argues
that media attention makes it hard for Jerome to get a fair trial. The magistrate
agrees to hold the committal proceedings in private. The prosecution barrister,
Helena, submits a written signed statement made by William, who cannot read,
which says he saw Jerome at the murder scene.
Explain whether Jerome’s committal proceedings are lawful under the Magistrates’
Courts Act 1980. [10]
(d) Explain the selection and role of magistrates in criminal cases. Discuss their
importance in the English legal system. [20]
Magistrates’ Courts Act 1980
Section 4 General nature of committal proceedings

(1) The functions of examining justices* may be discharged by a single justice.
(2) Examining justices shall sit in open court except where any enactment contains an express
provision to the contrary and except where it appears to them as respects the whole or any
part of committal proceedings that the ends of justice would not be served by their sitting in
open court.
(3) Subject to subsection (4) below, evidence tendered before examining justices shall be
tendered in the presence of the accused.
(4) Examining justices may allow evidence to be tendered before them in the absence of the
accused if─
(a) they consider that by reason of his disorderly conduct before them it is not
practicable for the evidence to be tendered in his presence, or
(b) he cannot be present for reasons of health but is represented by a legal
representative and has consented to the evidence being tendered in his absence.
*An examining justice is another term for a magistrate.
Section 5A Evidence which is admissible

…
(2) Evidence falls within this subsection if it─
(a) is tendered by or on behalf of the prosecutor, and
(b) falls within subsection (3) below.
(3) The following evidence falls within this subsection─
(a) written statements complying with section 5B below.
Section 5B Written statements

…
(2) The conditions falling within this subsection are that─
(a) the statement purports to be signed by the person who made it;
…
(c) before the statement is tendered in evidence a copy of the statement is given, by or
on behalf of the prosecutor, to each of the other parties to the proceedings.
(3) The conditions falling within this subsection are that─
(a) if the statement is made by a person under 18 years old, it gives his age;
(b) if it is made by a person who cannot read it, it is read to him before he signs it and is
accompanied by a declaration by the person who so read the statement to the effect
that it was so read.
2 (a) Jamal passed his driving test on June 1 2015. On December 30 2015, Jamal is
stopped by a police officer as he is driving down a city street at 60 mph. The speed
limit is 30 mph. Jamal is tried in the Magistrates’ Court for speeding, which is an
offence involving obligatory endorsement and he is given nine penalty points.
Explain how the Road Traffic (New Drivers) Act 1995 will apply to Jamal. [10]
(b) Melissa is convicted of a driving offence when she crashes into an empty bus 10
months after passing her test. For this offence Melissa receives nine penalty points
and so her licence is revoked for six months. She feels that the punishment given by
the Magistrates’ Court is excessive. Melissa appeals and her punishment is reduced
to three penalty points on her licence.
Explain how the Road Traffic (New Drivers) Act 1995 will apply to Melissa. [10]
(c) Anton passes his driving test on September 20 2016. The same evening he drives to
a party. Anton drinks alcohol at the party and as he is driving home he hits Myra,
breaking her leg. Anton is over the drink-drive legal limit, which is an offence
involving obligatory endorsement. When the police arrive Anton has no licence to
show them but has a document from the test centre to show that he has passed.
Anton is tried in the Magistrates’ Court and given 10 penalty points.
Explain how the Road Traffic (New Drivers) Act 1995 will apply to Anton. [10]
(d) Describe and evaluate the intrinsic and extrinsic aids judges use to interpret statutes.
[20]
Road Traffic (New Drivers) Act 1995
Section 1 Probationary period for newly qualified drivers

(1) For the purposes of this Act, a person’s probationary period is, subject to section 7, the
period of two years beginning with the day on which he becomes a qualified driver.
(2) For the purposes of this Act, a person becomes a qualified driver on the first occasion on
which he passes─
(a) any test of competence to drive mentioned in paragraph (a) or (c) of section 89(1) of
the M1Road Traffic Act 1988.
Section 2 Surrender of licences

(1) Subsection (2) applies where─
(a) a person is the holder of a licence;
(b) he is convicted of an offence involving obligatory endorsement;
(c) the penalty points to be taken into account under section 29 of the M1Road Traffic
Offenders Act 1988 on that occasion number six or more;
…
(e) the person’s licence shows the date on which he became a qualified driver, or that
date has been shown by other evidence in the proceedings; and
(f) it appears to the court, in the light of the order and the date so shown, that the
offence was committed during the person’s probationary period.
(2) Where this subsection applies, the court must send to the Secretary of State─
(a) a notice containing the particulars required to be endorsed on the counterpart of the
person’s licence in accordance with the order referred to in subsection (1)(d); and
(b) on their production to the court, the person’s licence and its counterpart.
Section 3 Revocation of licences

(1) Where the Secretary of State receives─
(a) a notice sent to him under section 2(2)(a) of particulars required to be endorsed on
the counterpart of a person’s licence, or
(b) a person’s licence and its counterpart sent to him in accordance with section 2(2)(b)
… the Secretary of State must by notice served on that person revoke the licence.
Section 5 Restoration of licence without re-testing in certain cases

…
(4) If, in the case of a person whose licence has been revoked under section 3(1), the Secretary
of State receives notice that a court─
(a) has quashed a conviction which was the basis or formed part of the basis for the
revocation of the licence, or
…
(c) has made an order which has the effect of reducing the penalty points taken into
account for the purposes of section 2 to a number smaller than six, then, …, the
Secretary of State must grant that person free of charge a full licence for a period
expiring on the date on which the revoked licence would have expired if it had not
been revoked.
Suggested Answers
Question-1(a):
Band 1 [0 marks]
(a) Principle without section – understanding that Ali’s committal proceedings are
lawful.
and/or
(b) Reference to s4 Magistrates Court Act 1980 with little or no development.
– Reference to some of s.4(1) and/or s4(2) and/or s4(3) and/or s4(4)(a) with some
– Conclusion:
– Ali’s committal is likely to be lawful.
– Under s.4(1) it can be done by a single magistrate and under s4(2) there does not
appear to be any reason why it should not be held in open court.
– Ali is not present when the evidence is presented in accordance with s.4(3) but this is
because he comes within s.4(4)(a) because he is badly behaved.
Question-1(b):
Band 1 [0 marks]
(a) Principle without section – understanding that Jasmine’s committal proceedings
will not be lawful.
and/or
(b) Reference to s5 Magistrates Court Act 1980 with little or no development.
– Reference to some of s5A and/or s5B with some development and some application.
– Conclusion:
– Jasmine’s committal proceedings will not be lawful.
– The statement has been passed to the magistrate by Brian and this will meet
s.5A(2)(a).
– The statement has been signed and so meets s.5B(2)(a).
– It is likely to meet s.5B(2)(c) as it has been given to the magistrate to pass on but
students can be credited for an argument in the alternative as long as it is supported by
logical reasoning.
– Connor’s statement will not be admissible under s.5(B)(3)(a) as it does not give his
age.
Question-1(c):
Band 1 [0 marks]
(a) Principle without section – understanding that Jerome’s committal proceedings
are not lawful.
and/or
(b) Reference to some of s4 and/or s5 Magistrates Court Act 1980 with little or no
development.
– Reference to some of s.4(2) and/or s.5A(2) and/or s.5B(2) and/or s.5B(3) with some
– Conclusion:
– Jerome’s committal proceedings are unlawful.
– They are covered by s.4(2) as the media attention may prevent a fair trial.
– The statement meets s.5A(2)(a) as it is submitted by the prosecutor and s.5B(2)(a) as
it has been signed by William.
– However, there is no evidence in the form of a declaration that it has been read to
William as required by s.5B(3)(b).
Question-1(d):
Band 1 [0 marks]

– Describes the selection and role of magistrates and/or discusses their importance in
very general terms.
– Some more detailed references to the selection and role of magistrates but with a
largely factual basis.
– Some general discussion of their importance but lacking in detail or range.
– Very good explanation of the selection and role of magistrates.
– Very good discussion of their importance.
– To reach higher marks all aspects of the question need to be dealt with in some detail
with good critical awareness and a focus on the criminal justice system.
Question-2(a):
Band 1 [0 marks]
(a) Principle without section – understanding that what happens to Jamal is lawful.
and/or
(b) Reference to s1 and/or s2 Road Traffic (New Drivers) Act 1995 with little or no
development.
– Reference to some of s1 and/or s2 Road Traffic (New Drivers) Act 1995 with some
– Conclusion:
– Jamal’s licence will be revoked.
– He is a probationary driver under s.1(1) as he has only been driving for 6 months but
he has passed a test under s.1(2)(a).
– His offence is covered by s.2(1)(b) as it is one of obligatory endorsement and by
s2(1)(c) as he has been given 9 penalty points.
– Under s.2(1)(f) the offence was committed during his probationary period so a notice
must be sent to the Secretary of State under s.2(2).
– Specific reference to s3 can be credited but is not required.
Question-2(b):
Band 1 [0 marks]
(a) Principle without section – understanding that Melissa will get her licence back.
and/or
(b) Reference to s3 and/or s5 Road Traffic (New Drivers) Act 1995 with little or no
development.
– Conclusion:
– Melissa will get her licence back.
– As her offence is serious the revocation is valid under s3.
– Although her conviction has not been quashed under s.5(4)(a) it has been reduced to
within the limits of s.5(4)(c) so she is entitled to have her licence restored free of
charge without re-testing and for its original time span.
Question-2(c):
Band 1 [0 marks]
(a) Principle without section – understanding that Anton is covered by the Act.
and/or
(a) Reference to s1 and/or s2 Road Traffic (New Drivers) Act 1995 with little or no
development.
– Conclusion:
– Anton’s licence will be revoked.

– Under s.1(1) he is driving in his probationary period and has passed a test under
s1(2)(a).
– Anton has committed an offence covered by s.2(1)(b) as it is one of obligatory
endorsement and by s2(1)(c) as he has been given 10 penalty points.
– Evidence of passing his driving test can be shown to the court so he is covered by
s.2(1)(e) and this proves he is in his probationary period and so he is covered by
s.2(1)(f).
Question-2(d):
Band 1 [0 marks]
– Describes intrinsic and extrinsic aids to interpretation and/or evaluates them in very
general terms.
– Some more detailed references to a range of intrinsic and extrinsic aids and some
general evaluation but lacking in depth or range
– Very good detail on the full range of intrinsic and extrinsic aids judges can use,
including Hansard.
– Good evaluation of their contribution in helping judges interpret statutes.
– To reach higher marks all aspects of the question need to be dealt with in some detail
with good critical awareness.
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Law Paper-2

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Principal at Roots Millennium

Title Law Paper-2 A-Level Yearly Worked Solutions

Edition: 2019 Edition

Wishing all Law students the very best in their endeavours.

Ms. Mariam Saeed

YEARLY PAST PAPER 355

Changes to syllabus for 2017, 2018 and 2019

Changes to the syllabus

1. Syllabus content at a glance

Formation of valid  Nature of contract

3. Syllabus aims and assessment objectives

3.1 Syllabus aims

3.2 Assessment objectives

AO2: Analysis, evaluation and application

AO3: Communication and presentation

Assessment Objective Paper 1 Paper 2 Paper 3 Paper 4

AO3: Communication and presentation 10 10 10 10

4.1 Structure and operation of the English Legal system

1. Nature and classification of law

Unit 2: Machinery of justice

Unit 3: Legal personnel

1. Barristers and solicitors

4.2 Law of Contract

Unit 2: Contents of contracts

Unit 3: Vitiating factors

 General rule and exceptions.

4.3 Law of Tort

Unit 6: Private nuisance and Rylands v. Fletcher

Students are expected to demonstrate:

Assessment Objective Paper 1 Paper 2 Paper 3 Paper 4 Advanced Level

The answer contains no relevant material.

Maximum Mark Allocations:

May/June 2017 Paper 21

Answer either Question 1 or Question 2.

Source material for Question 1

Supply of Goods and Services Act 1982

Section 4 Implied terms about quality or fitness

Section 5 Implied terms where transfer is by sample

Section 5A Modification of remedies for breach of statutory condition in non-consumer

Source material for Question 2

Theft Act 1968

R v Turner (No 2) [1971]

Davidge v Bunnett [1984]

A-G Ref (No 1 of 1983) [1985]

Band 5 [8–10 marks]

Band 3 [7–13 marks]

(a) Principle without section – understanding that Camilla is covered by s5 Theft

May/June 2017 Paper 22

Answer either Question 1 or Question 2.

Source material for Question 1

Magistrates’ Courts Act 1980

Section 4 General nature of committal proceedings

Section 5A Evidence which is admissible

Section 5B Written statements

Source material for Question 2

Road Traffic (New Drivers) Act 1995

Section 1 Probationary period for newly qualified drivers

Section 2 Surrender of licences

Section 3 Revocation of licences

Section 5 Restoration of licence without re-testing in certain cases

Band 2 [1–6 marks]