Cambridge A Level Law 9084 — 2017 May/June Paper 4 · Variant 2

* 2 8 4 4 7 8 3 2 8 4 * This document consists of 3 printed pages, 1 blank page and 1 Insert. DC (KN) 135217/1 © UCLES 2017 [Turn over Cambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level LAW 9084/42 Paper 4 Law of Tort May/June 2017 1 hour 30 minutes No Additional Materials are required. READ THESE INSTRUCTIONS FIRST An answer booklet is provided inside this question paper. You should follow the instructions on the front cover of the answer booklet. If you need additional answer paper ask the invigilator for a continuation booklet. Answer one question from Section A, one from Section B and one other, thus making a total of three responses required. The number of marks is given in brackets [ ] at the end of each question or part question.

2 9084/42/M/J/17 © UCLES 2017 Candidates must attempt one question from Section A, one from Section B and one other, thus making a total of three responses required. Section A 1 The tort of private nuisance is often described as ‘the law of give and take.’ Explain the main elements of the tort of private nuisance and assess whether this description is accurate. [25] 2 The recovery of damages for nervous shock is governed by many factors including policy considerations. Describe these factors and evaluate the role played by policy considerations. [25] 3 Equitable remedies are of limited relevance in the law of tort. Critically evaluate this statement. [25]

3 9084/42/M/J/17 © UCLES 2017 Section B 4 Betty is shopping with her three year old daughter Ellie. They enter Ahmed’s shoe shop. The shop has recently had new glass shelving installed by a company called ABC Shelves. While Betty is trying on shoes, Ellie wanders around the shop. Ellie reaches up to one of the shelves, attempting to get to a shoe. She is unable to reach the shoe but holds on to the shelf for support. The shelf detaches from the wall and shatters, causing severe cuts to Ellie’s hand. Advise the parties as to their rights and responsibilities in this situation. [25] 5 Greg is a recently qualified estate agent, specialising in finding buyers for clients who wish to sell property. At a party, Greg meets John, who is seeking investment opportunities but has limited business experience. Greg informs John that he knows of a number of potential business opportunities and they arrange to meet the next day. Greg shows John a number of properties. These include an office building in the town centre which Greg says could be developed as a café with apartments upstairs. John purchases the building but is then informed by the local authority that it can only be used for offices. John is now likely to lose a significant amount of money as there is already too much office space available in the town centre. Advise John as to his rights in this situation. [25] 6 Khalid has recently been dismissed from his job at a factory for violent behaviour at work. However, he believes that he has been treated unfairly. He goes to the factory to speak to the manager, Shamid, who he blames for his dismissal. At the entrance, Khalid is stopped by the security guard, Tom, who informs him that he cannot enter as he is no longer an employee. Khalid pushes Tom out of his way, enters the factory and goes straight to Shamid’s office. He enters the office and tells Shamid that if he does not discuss the situation he will break Shamid’s legs. Khalid closes the door, locking them both inside. However, Tom and several other security guards break down the door. Tom then grabs Khalid and drags him outside, breaking his arm. Advise Khalid, Shamid and Tom as to their rights and responsibilities in this situation. [25]

4 9084/42/M/J/17 © UCLES 2017 BLANK PAGE Permission to reproduce items where third-party owned material protected by copyright is included has been sought and cleared where possible. Every reasonable effort has been made by the publisher (UCLES) to trace copyright holders, but if any items requiring clearance have unwittingly been included, the publisher will be pleased to make amends at the earliest possible opportunity. To avoid the issue of disclosure of answer-related information to candidates, all copyright acknowledgements are reproduced online in the Cambridge International Examinations Copyright Acknowledgements Booklet. This is produced for each series of examinations and is freely available to download at www.cie.org.uk after the live examination series. Cambridge International Examinations is part of the Cambridge Assessment Group. Cambridge Assessment is the brand name of University of Cambridge Local Examinations Syndicate (UCLES), which is itself a department of the University of Cambridge.

® IGCSE is a registered trademark. This document consists of 7 printed pages. © UCLES 2017 [Turn over Cambridge International Examinations Cambridge International Advanced Subsidiary and Advanced Level LAW 9084/42 Paper 4 May/June 2017 MARK SCHEME Maximum Mark: 75 Published This mark scheme is published as an aid to teachers and candidates, to indicate the requirements of the examination. It shows the basis on which Examiners were instructed to award marks. It does not indicate the details of the discussions that took place at an Examiners’ meeting before marking began, which would have considered the acceptability of alternative answers. Mark schemes should be read in conjunction with the question paper and the Principal Examiner Report for Teachers. Cambridge will not enter into discussions about these mark schemes. Cambridge is publishing the mark schemes for the May/June 2017 series for most Cambridge IGCSE®, Cambridge International A and AS Level and Cambridge Pre-U components, and some Cambridge O Level components.

9084/42 Cambridge International AS/A Level – Mark Scheme PUBLISHED May/June 2017 © UCLES 2017 Page 2 of 7 Assessment Objectives Candidates are expected to demonstrate: 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 Analysis, evaluation and application • An ability to 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. 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, but indicative marks per question attempted on Paper 3 are shown in brackets. Assessment Objective Paper 1 Paper 2 Paper 3 Paper 4 Advanced Level Knowledge/ Understanding 50 30 50 50 (13) 50 Analysis/ Evaluation/ Application 40 60 40 40 (10) 40 Communication/ Presentation 10 10 10 10 (2) 10

9084/42 Cambridge International AS/A Level – Mark Scheme PUBLISHED May/June 2017 © UCLES 2017 Page 3 of 7 The mark bands and descriptors applicable to all questions on the paper are as follows. Band 1 [0 marks] The answer contains no relevant material. Band 2 [1 – 6 marks] The candidate introduces fragments of information or unexplained examples from which no coherent explanation or analysis can emerge. OR The candidate 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 [7 – 12 marks] The candidate begins to indicate some capacity for explanation and analysis by introducing some of the issues, but explanations are limited and superficial OR The candidate 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 candidate 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 [13 – 19 marks] Where there is more than one issue, the candidate 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 candidate 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 [20 – 25 marks] The candidate 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.

9084/42 Cambridge International AS/A Level – Mark Scheme PUBLISHED May/June 2017 © UCLES 2017 Page 4 of 7 Question Answer Marks 1 The tort of private nuisance is often referred to as ‘the law of give and take’. Explain the main elements of the tort of private nuisance and assess whether this description is accurate. This question requires an explanation and evaluation of the tort of private nuisance. Candidates should define the tort and then explain key elements such as interference, indirect, the factors relating to reasonableness and possible remedies. The explanation of the legal rules should be supported with relevant case law. The question requires the candidates to consider the purpose of the tort which is to balance the completing interests of neighbours in the context of the use of their land. The idea of ‘give and take’ should be explained and discussed and elements of the tort (locality, duration, sensitivity etc.) should be used to illustrate how the balancing of interests can be achieved. Where the candidate explains the law but does not address the issue of ‘give and take’ this will be a maximum Band 3. In order to achieve the higher bands candidates must address the specific issue raised in the question. 25 2 The recovery of damages for nervous shock is governed by many factors including policy considerations. Describe these factors and evaluate the role played by policy considerations. This question requires candidates to examine the development of the rules governing the award of damages in negligence where the claimant has suffered nervous shock. Candidates should outline the development of the rules through a discussion of the case law. Issues such as the definition of nervous shock, the distinction between primary and secondary victims and control factors established in Alcock should all be discussed. Having explained the rules candidates should address the key issue raised in the question – is the development of the law linked to policy considerations? Issues such as the floodgates argument, the risk of false claims and difficulties of proof can be raised here. To achieve the higher bands candidates must engage with the issues raised in the question. Where the candidate explains the rules without considering the issue of policy the mark will be confined to Band 3 25

9084/42 Cambridge International AS/A Level – Mark Scheme PUBLISHED May/June 2017 © UCLES 2017 Page 5 of 7 Question Answer Marks 3 Equitable remedies are of limited relevance in the law of tort. Critically evaluate this statement. This question requires candidates to explain the equitable remedies in tort. The focus of the question is therefore the injunction. Candidates can introduce the idea of an equitable remedy – as being derived from the Court of Chancery – and explain how the purpose of the equitable remedy is to operate where an award of damages would be inadequate. A detailed account of damages is not required here and should not be credited. Some credit can be awarded where the remedy of damages is compared or contrasted with the equitable remedies. Candidates should then explain what an injunction is, examine the different types of injunction – prohibitory, mandatory and interlocutory Candidates should then address the issue raised in the question – are equitable remedies, specifically the injunction of any relevance? Candidates should discuss the areas of tort law where the injunction is most likely to be used e.g. private nuisance and trespass to land. In this way candidates can come to a coherent conclusion as to whether the remedy is still of relevance in the law of tort. If the answer is explanation only the mark will be confined to Band 3. 25

9084/42 Cambridge International AS/A Level – Mark Scheme PUBLISHED May/June 2017 © UCLES 2017 Page 6 of 7 Question Answer Marks 4 Advise the parties as to their rights and responsibilities in this situation. The issue here is liability under the Occupiers Liability Act 1957. Candidates should identify that Betty and Ellie are visitors and the injury has occurred due to the state of the premises and therefore the case falls to be decided under the OLA 1957. However credit may be awarded for an alternative approach in which the candidate focuses on general negligence. Candidates can explain the key terms in the Act such as occupier, premises and visitor. An explanation of the duty owed by the occupier to the visitor should be provided as per S2(2) of the 1957 Act. In this case a child has been injured so S2(3) should be discussed – the standard of care in relation to children. The issue of parental supervision is also relevant here and should be highlighted. Some credit may be awarded for a discussion of allurement. The shelving was installed by an outside contractor – S2(4) should be explained and applied to the facts of the case. A discussion of defences, such as volenti and contributory negligence should be credited. If a candidate chooses to argue the case on the basis of negligence, all three elements should be explained with a particular focus, in the application, on breach and causation. Relevant case law should be used in the explanation of the law. Candidates must apply the law to the facts of the case and reach a coherent conclusion in order to achieve the higher bands. 25

9084/42 Cambridge International AS/A Level – Mark Scheme PUBLISHED May/June 2017 © UCLES 2017 Page 7 of 7 Question Answer Marks 5 Advise John as to his rights in this situation. This question is concerned with negligent misstatement. Candidates may introduce the tort of negligence and outline the three essential elements but a detailed account of duty of care, breach, causation and remoteness is not required. Credit should be awarded for a discussion of the different types of loss and for identifying that this situation involves pure economic loss. Candidates should focus on the special rules which must be satisfied in order for a claimant to recover for pure economic loss resulting from a negligent statement. The elements of liability as set out in Hedley Byrne v Heller should be examined and relevant supporting cases should be identified. Candidates should consider • Is this a social or business context? • Is it reasonable to rely on an estate agent for investment advice? • Is the fact that Greg is newly qualified relevant? Candidates must explain the law and apply it in a logical fashion to the facts of the scenario in order to reach a clear conclusion. 25 6 Advise Khalid, Shamid and Tom as to their rights and responsibilities in this situation. This question requires an examination of the legal rules relating to trespass to the person. Brief reference to trespass to land is also creditworthy. All three varieties of trespass to the person are relevant here so assault, battery and false imprisonment should each be explained with reference to relevant case law. The law should then be applied to the different incidents outlined in the scenario • Khalid’s entrance to the factory may be characterised as trespass to land – he has been informed that he cannot enter but does so • Khalid pushes Tom to gain entry – possible battery? • Khalid’s threat to hurt Shamid – possible assault? • Khalid locks the door – possible false imprisonment? • Tom and grabs Khalid and drags him out resulting in a Khalid suffering a broken leg – a battery? Or ejecting a trespasser/self- defence? • Possible vicarious liability in relation to Tom’s actions. Candidates must explain the law and apply it to the facts in a logical way in order to achieve the top bands. 25