Cambridge International AS And A Level Law 2nd Edition Jayne Fry, Tim Wilshire, Richard Wortley, Nicholas Price, Jacqueline Martin - Solutions

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Describe the guidelines regarding damages in lieu of an injunction.
Describe the purpose of mandatory and prohibitory injunctions.
State when restitution might be ordered.
Explain the difference between pecuniary and non-pecuniary damages.
Describe the main aim of damages in tort.
In what way has the compensation been paid to her?
What types of damages have been paid?
Does the compensation put her in the position that she was in before the incident occurred?
How was her compensation calculated?
Discuss the effectiveness of the various types of injunction.
Assess the impact of Coventry v Lawrence (2014) in relation to the granting of injunctions.
Name relevant cases where the court considered whether to grant a mandatory injunction.
Describe the guidelines for granting a mandatory injunction.
Discuss how the rules relating to damages may be reformed.
Why did Mark Gay of DLA Piper say that this case was different from other similar claims from footballers?
How could Collett have mitigated his loss?
million during his career, why was he only awarded 4.3 million?
If Collett could have earned over
Collett was awarded 4.3 million in compensation. How was this sum calculated?
When calculating the amount of damages payable to Collett, what did Mrs Justice Swift take into account?
What are the two main heads of compensation for personal injury?
Describe the effect of contributory negligence on a claim.
State the Act that applies in relation to contributory negligence.
Describe the test that is used when the claimant is drunk.
State the case that confirms that the claimant must have knowledge of the full extent and nature of the harm.
What does volenti non fit injuria mean and what is the effect of this defence?
What is the effect of Meering v Grahame White Aviation (1919)?
Define the concept of lawful restraint.
Define false imprisonment.
Define hostility and name the case which provides the current definition.
Define assault and battery and name the case that provides the definitions.
Discuss the problems which may arise in relation to the tort of assault.
Name the cases which illustrate each of the key elements of the tort of assault.
Describe the key elements of assault.
Would it make a difference to your answer if the defendant did not know that the gun was unloaded?
Can a defendant be liable for an assault where they are pointing an unloaded gun at the claimant, and the claimant thought it was loaded?
Describe how a continuing trespass occurs.
Describe how a person can trespass if they mistakenly enter another person's land.
State two cases which illustrate what land is.
For the purposes of this tort, what is the definition of land?
What is the definition of trespass to land?
According to Transco plc v Stockport Metropolitan Borough Council (2004), what is the test for deciding if something is dangerous'?
What is the significance of Cambridge Water v Eastern Counties Leather (1994)?
Describe the meaning of 'non-natural'.
What types of damage can the claimant make a claim for under Rylands v Fletcher?
Describe the elements needed to be successful in a claim for Rylands v Fletcher, including relevant cases.
Explain why a trespasser can make a claim for personal injury only.
Describe when a duty of care is owed to a trespasser.
Describe how an occupier can avoid liability if they employ an independent contractor to do work on their premises.
Define occupier' according to Wheat v Lacon (1966).
Describe the statutory duty owed to visitors.
What policy reasons were included in the decision against Keown?
What were the two reasons why the court decided against Keown?
Why was Keown considered to be contributorily negligent in the County Court?
What duty of care was owed to Keown?
What was the legal argument that Keown used to support his claim?
What harm had Keown suffered because of the alleged poor state of the premises?
Define the terms 'primary victim' and 'secondary victim'.
Define nervous shock.
List the elements needed to prove negligent misstatement.
Define negligent misstatement.
Define pure economic loss.
Describe the test used to prove legal causation.
Name the case that created the test used in relation to legal causation.
List the ways in which the chain of causation can be broken.
State the case that created the 'but for test.
Describe the 'but for test.
Describe the thin-skull rule, including a relevant case.
List the factors which the courts consider when deciding on standard of care.
What is the definition of a 'reasonable man'?
State the two elements that are considered by the courts in relation to breach of duty.
Define breach of duty.
Evaluate the law relating to the standard of care for children.
Analyse the impact, if any, of Orchard v Lee (2009) on the law relating to children.
Name two cases which discuss the standard of care required by children.
State the standard of care that applies to children when deciding if there has been a breach of duty.
Discuss the extent to which the judges' approach to imposing a duty of care is fairer to the claimant than to the defendant.
Evaluate whether the development of the law relating to the concept of the duty of care in negligence lacks clarity.
List the policy reasons that the courts use when deciding whether a duty of care exists.
List the bodies/people who have traditionally been given immunity from being sued.
What test should a judge use to decide if there is a duty of care in a novel situation?
Describe the neighbour test.
Define negligence.
Consider whether it is fair and just that there is a limit to the type of damage that can be claimed for.
Explain the principle in that case.
Which case will be used to decide what damage can be compensated?
Giving examples, explain where the remedies of specific performance, rescission and injunctions might be most appropriate.
The effect of the equitable remedy of rescission is to set a contract aside and put the parties back to the position they were in before the contract was made. With reference to case law, analyse the circumstances under which the remedy might be granted by the court and critically assess any
Why would it be inappropriate to award specific performance for breach of a personal contract?
What is the position of the parties following rescission?
When will specific performance be denied?
Why are the courts reluctant to award mandatory injunctions?
What are the common features of property that can be subject to specific performance?
The rules on remoteness of damage and mitigation in contract are simply ways for the courts to attempt to legitimise the arbitrary damages that they award.Discuss.
Explain how mitigation may help a defendant.
What are non-pecuniary losses?
Explain how reliance loss is calculated.
What is the purpose of the award of damages?
Explain the meaning of damages.
Evaluate the purpose of damages in contract.

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Cambridge International AS And A Level Law 2nd Edition Jayne Fry, Tim Wilshire, Richard Wortley, Nicholas Price, Jacqueline Martin - Solutions

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