Main AO1 for paper 2

Influences on law making (5)

Government policy

Public opinion and the media

Pressure groups an lobbyists

Emergency situations

Law commission

Legislative process

Pre legislative (green and white)

Bill is drafted

First reading

Second reading (vote)

Committee stage

Report stage (vote)

Third reading

Process repeated in other house

Royal assent

Delegated legislation + 3 types

Law made by someone other than the parliament

Order in council (government to make laws)

Statutory instrument (Government departments to make regulations)

By laws

Rules of statutory interpretation

Literal rule (meaning as in dictionary)

Golden rule - narrow (when word has 2 meanings)

Golden rule - wide use (produce absurd outcome)

Mischief rule (look at act and decide what gap it was trying to fill)

Purposive approach - seeks to give effect to parliaments intentions

Aids to interpretation

Intrinsic aids - inside the act

Extrinsic aids - dictionary, precedent etc

Types of precedent

Binding precedent - must be followed by future court

Persuasive precedent - Judge may choose to follow

Original - judge makes decision on new case

Changing precedent (3)

Overruling - legal rule wrong and replaces other

Reversing - Overturning decision of lower court

Distinguishing - facts different, don’t follow

Negligence checklist

Intro

Duty of care - Robinson approach - caparo

Breach of duty - Reasonable person - risk factors

Damage - Factual causation - remoteness

Possible defences

conclusion

Negligence evaluation - Fair duty, breach and damage

Robinson approach - Fair just and reasonable

Objective standard of care - professionals higher - risk factors

Factual causation - remoteness - intervening act

Occupier liability 1957 checklist

Intro

s.2(2) Reasonable care for visitors to be reasonably safe for the purpose of their visit

s.2(3)(a) Children to be less careful

s.2(3)(b) Specialists to guard against known risks

Did they breach?

Possible defences

Conclusion

Occupiers liability 1984 checklist

Intro

Duty not arise unless D aware of danger

Grounds to believe people will come into vicinity of danger

May be expected to offer some protection

Do they owe duty of care?

Possible defences

Conclusion

OLA evaluation (8)

Danger must arise due to state of the premises

Occupiers should keep visitors reasonably safe

Child visitors given special protection

Professionals must guard against known risks

Basic protection for trespassers

No special protection for child trespassers

Warning signs may discharge duty

Occupier can shift liability to contractors

Nuisance checklist

Intro

Parties

Interference - Physical damage / loss of amenity

Unlawful - Common ordinary use of land / conveniently done with proper consideration of neighbours

Possible defences

Possible remedies

Conclusion

Rylands v Fletcher checklist

Introduction

Parties

Accumulation

Dangerous thing

Non-natural use of land

Escape

Damage - reasonably foreseeable

Conclusion

Vicarious liability checklist

Intro

Relationship of employment or of akin to employment - control, integrated, economic reality

Close connection test - Tort - employment

Conclusion

Vicarious liability evaluation

Gives victim just and practical remedy

Employee benefits from work so should be liable

Employer can’t watch over / control its employees

Difficult to determine if employee is working in the course of employment