Cambridge A Level Law 9084 — 2023 May/June Paper 4 · Variant 3

This document has 4 pages. Any blank pages are indicated. [Turn over Cambridge International AS & A Level LAW 9084/43 Paper 4 Law of Tort May/June 2023 1 hour 30 minutes You must answer on the enclosed answer booklet. You will need: Answer booklet (enclosed) INSTRUCTIONS ● Answer three questions in total: Section A: answer one question. Section B: answer two questions. ● Follow the instructions on the front cover of the answer booklet. If you need additional answer paper, ask the invigilator for a continuation booklet. INFORMATION ● The total mark for this paper is 75. ● The number of marks for each question or part question is shown in brackets [ ]. * 8 4 2 7 0 4 1 3 5 7 * DC (LK) 318252/1 © UCLES 2023

2 9084/43/M/J/23 © UCLES 2023 Section A Answer one question from this section. EITHER 1 Rick is a chemistry teacher at Barchester Academy. He requests more protective eye goggles for the chemistry laboratories as there are not enough for all the students. The academy tells him that they have been ordered. Until they arrive, he is told to conduct experiments in the laboratory with small groups so that all students can be protected. Rick is concerned that he will not be able to complete teaching his course by the end of the school year, so he conducts some experiments with the entire class. During one of the experiments Rick drops a container of chemicals. One student, Elaine, is seriously injured when the chemical goes into her eye. She is not wearing any goggles as there are not enough for the whole class. She is taken to hospital and doctors say that she will need significant treatment to make a full recovery. Instead of storing containers of chemicals in a locked cupboard, Rick keeps them in his office. A student enters the office without permission when Rick is not there and knocks over the containers. The chemicals leak into an adjoining property used by Marketing Company X (MCX). The chemicals damage the property and as a result, MCX is forced to close its business for several days. Advise the parties of their rights, responsibilities and potential remedies. [25] OR 2 Naomi’s neighbour John is building a new house on his land. In order to install water pipes, he is digging under Naomi’s garden without her permission. A week later she becomes aware of the digging and asks him to stop. John says the work must be completed. John has also thrown a number of bags of rubbish over the fence into Naomi’s garden. Naomi has asked him to remove the rubbish, but he has refused to do so. Naomi decides that, rather than pay to have the rubbish removed, she will burn it instead. She starts a fire which burns for an entire afternoon and causes a lot of smoke. A strong wind blows the smoke on to Lorayne’s property. Lorayne is forced to cancel an event which she is due to hold in her garden that day. She has spent a substantial amount of money on food and other items for the event. Lorayne also has an asthma attack which she believes is caused by the smoke from Naomi’s fire. Advise the parties of their rights, responsibilities and potential remedies. [25]

3 9084/43/M/J/23 © UCLES 2023 Section B Answer two questions from this section. 3 Evaluate the factors considered by the court when determining whether a duty of care is owed in negligence. [25] 4 It is difficult to find a defendant liable for trespass to the person because of the defences available. Assess the validity of the statement above. [25] 5 Evaluate the special considerations which apply in relation to the duty owed to a child visitor under the Occupiers’ Liability Act 1957. [25]

4 9084/43/M/J/23 © UCLES 2023 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 Assessment International Education Copyright Acknowledgements Booklet. This is produced for each series of examinations and is freely available to download at www.cambridgeinternational.org after the live examination series. Cambridge Assessment International Education is part of Cambridge Assessment. Cambridge Assessment is the brand name of the University of Cambridge Local Examinations Syndicate (UCLES), which is a department of the University of Cambridge. BLANK PAGE

This document consists of 11 printed pages. © UCLES 2023 [Turn over Cambridge International AS & A Level LAW 9084/43 Paper 4 May/June 2023 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 International will not enter into discussions about these mark schemes. Cambridge International is publishing the mark schemes for the May/June 2023 series for most Cambridge IGCSE, Cambridge International A and AS Level and Cambridge Pre-U components, and some Cambridge O Level components.

9084/43 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2023 © UCLES 2023 Page 2 of 11 Generic Marking Principles These general marking principles must be applied by all examiners when marking candidate answers. They should be applied alongside the specific content of the mark scheme or generic level descriptors for a question. Each question paper and mark scheme will also comply with these marking principles. GENERIC MARKING PRINCIPLE 1: Marks must be awarded in line with:  the specific content of the mark scheme or the generic level descriptors for the question  the specific skills defined in the mark scheme or in the generic level descriptors for the question  the standard of response required by a candidate as exemplified by the standardisation scripts. GENERIC MARKING PRINCIPLE 2: Marks awarded are always whole marks (not half marks, or other fractions). GENERIC MARKING PRINCIPLE 3: Marks must be awarded positively:  marks are awarded for correct/valid answers, as defined in the mark scheme. However, credit is given for valid answers which go beyond the scope of the syllabus and mark scheme, referring to your Team Leader as appropriate  marks are awarded when candidates clearly demonstrate what they know and can do  marks are not deducted for errors  marks are not deducted for omissions  answers should only be judged on the quality of spelling, punctuation and grammar when these features are specifically assessed by the question as indicated by the mark scheme. The meaning, however, should be unambiguous. GENERIC MARKING PRINCIPLE 4: Rules must be applied consistently, e.g. in situations where candidates have not followed instructions or in the application of generic level descriptors. GENERIC MARKING PRINCIPLE 5: Marks should be awarded using the full range of marks defined in the mark scheme for the question (however; the use of the full mark range may be limited according to the quality of the candidate responses seen). GENERIC MARKING PRINCIPLE 6: Marks awarded are based solely on the requirements as defined in the mark scheme. Marks should not be awarded with grade thresholds or grade descriptors in mind.

9084/43 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2023 © UCLES 2023 Page 3 of 11 Social Science-Specific Marking Principles (for point-based marking) 1 Components using point-based marking:  Point marking is often used to reward knowledge, understanding and application of skills. We give credit where the candidate’s answer shows relevant knowledge, understanding and application of skills in answering the question. We do not give credit where the answer shows confusion. From this it follows that we: a DO credit answers which are worded differently from the mark scheme if they clearly convey the same meaning (unless the mark scheme requires a specific term) b DO credit alternative answers/examples which are not written in the mark scheme if they are correct c DO credit answers where candidates give more than one correct answer in one prompt/numbered/scaffolded space where extended writing is required rather than list-type answers. For example, questions that require n reasons (e.g. State two reasons …). d DO NOT credit answers simply for using a ‘key term’ unless that is all that is required. (Check for evidence it is understood and not used wrongly.) e DO NOT credit answers which are obviously self-contradicting or trying to cover all possibilities f DO NOT give further credit for what is effectively repetition of a correct point already credited unless the language itself is being tested. This applies equally to ‘mirror statements’ (i.e. polluted/not polluted). g DO NOT require spellings to be correct, unless this is part of the test. However spellings of syllabus terms must allow for clear and unambiguous separation from other syllabus terms with which they may be confused (e.g. Corrasion/Corrosion) 2 Presentation of mark scheme:  Slashes (/) or the word ‘or’ separate alternative ways of making the same point.  Semi colons (;) bullet points (•) or figures in brackets (1) separate different points.  Content in the answer column in brackets is for examiner information/context to clarify the marking but is not required to earn the mark (except Accounting syllabuses where they indicate negative numbers). 3 Annotation:  For point marking, ticks can be used to indicate correct answers and crosses can be used to indicate wrong answers. There is no direct relationship between ticks and marks. Ticks have no defined meaning for levels of response marking.  For levels of response marking, the level awarded should be annotated on the script.  Other annotations will be used by examiners as agreed during standardisation, and the meaning will be understood by all examiners who marked that paper.

9084/43 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2023 © UCLES 2023 Page 4 of 11 Guidance on using levels-based mark schemes Marking of work should be positive, rewarding achievement where possible, but clearly differentiating across the whole range of marks, where appropriate. The marker should look at the work and then make a judgement about which level statement is the best fit. In practice, work does not always match one level statement precisely so a judgement may need to be made between two or more level statements. Once a best-fit level statement has been identified, use the following guidance to decide on a specific mark:  If the candidate’s work convincingly meets the level statement, award the highest mark.  If the candidate’s work adequately meets the level statement, award the most appropriate mark in the middle of the range (where middle marks are available).  If the candidate’s work just meets the level statement, award the lowest mark. Assessment objectives AO1 Knowledge and understanding  Demonstrate knowledge and understanding of legal concepts, principles and rules.  Use statutes, cases, examples and legal terminology. AO2 Analysis and application  Analyse legal concepts, principles and rules.  Apply legal concepts, principles and rules. AO3 Evaluation  Evaluate legal concepts, principles and rules.  Communicate legal argument coherently on the basis of evidence.

9084/43 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2023 © UCLES 2023 Page 5 of 11 Section A Table A Use this table to give marks for each candidate response for Questions 1 and 2. Level AO1 Knowledge and understanding 12 marks AO2 Analysis and application 5 marks AO3 Evaluation 8 marks Description Description Description 4 10–12 marks  Accurate and detailed in most relevant areas.  Thorough knowledge and understanding of the most appropriate legal concepts, principles and rules, key examples, cases and/or statutory authority, and legal terminology. 3 7–9 marks  Mostly accurate but may not be detailed in some relevant areas.  Good knowledge and understanding of appropriate legal concepts, principles and rules, examples, cases and/or statutory authority, and legal terminology. 4–5 marks  Mostly focused and reasoned application throughout.  The application is supported by effective and well developed use of legal concepts, principles and rules, key examples, cases and/or statutory authority. 6–8 marks  Mostly focused and reasoned evaluation of all the relevant issues.  Effectively supported by relevant material.  Coherent argument. 2 4–6 marks  Some accuracy but lacks detail in relevant areas.  Some knowledge and understanding of mostly appropriate legal concepts, principles and rules, examples, cases and/or statutory authority, and legal terminology. 2–3 marks  Some reasoned application.  The application is supported by some partially developed use of legal concepts, principles and rules, examples, cases and/or statutory authority. 3–5 marks  Some evaluation, reasoned at times, of some of the relevant issues.  Supported by some relevant material.  Some coherent argument. 1 1–3 marks  Limited accuracy.  Limited knowledge and understanding of legal concepts, principles and rules, examples, cases and/or statutory authority, and legal terminology. 1 mark  Limited application.  The application is supported by limited use or makes no use of legal concepts, principles and rules, examples, cases and/or statutory authority. 1–2 marks  Limited evaluation of a relevant issue.  Limited or no use of relevant material.  Limited or no argument. 0 0 marks  No creditable content. 0 marks  No creditable content. 0 marks  No creditable content.

9084/43 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2023 © UCLES 2023 Page 6 of 11 Question Answer Marks 1 Advise the parties of their rights, responsibilities and potential remedies. Use Table A to mark candidate responses to this question. AO1 out of 12 marks. AO2 out of 5 marks. AO3 out of 8 marks. Indicative content Responses may include: Rick, Barchester Academy and Elaine: AO1 Knowledge and understanding  Identify issue of negligence.  Explain the rules relating to establishing a duty of care.  Explain the applicable standard of care and rules relating to breach of duty.  Explain the rules relating to causation and remoteness.  Explain elements of vicarious liability.  Explain defences of volenti not fit injuria and contributory negligence. AO2 Analysis and application and AO3 Evaluation  Analyse whether duty of care is established.  Assess whether duty was breached.  Assess whether the breach caused the damage.  Assess whether Barchester Academy is vicariously liable for Rick’s actions.  Consider possible defences.  Consider possible remedies. Rick and MCX: AO1 Knowledge and understanding  Identify issue as one of Rylands v Fletcher.  Explain elements of Rylands v Fletcher – control of the land, accumulation, dangerous thing, escape and damage.  Identify possible defences such as the act of a stranger.  Identify possible remedies. AO2 Analysis and application and AO3 Evaluation  Analyse whether the requirements of Rylands v Fletcher are satisfied.  Assess whether any defences are available for Rick.  Assess the extent of the loss which may be recoverable in this scenario. Credit all valid responses. 25 AO1 12 AO2 5 AO3 8

9084/43 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2023 © UCLES 2023 Page 7 of 11 Question Answer Marks 2 Advise the parties of their rights, responsibilities and potential remedies. Use Table A to mark candidate responses to this question. AO1 out of 12 marks. AO2 out of 5 marks. AO3 out of 8 marks. Indicative content Responses may include: Naomi and John: AO1 Knowledge and understanding  Identify the issue as one of trespass to land.  Explain the meaning of the term ‘land’.  Explain the elements of direct interference.  Explain the meaning of unlawful interference.  Explain the requirement of intention.  Explain possible remedies. AO2 Analysis and application and AO3 Evaluation  Assess whether there has been an unlawful interference with Naomi’s land.  Assess whether the interference is both direct and intentional.  Assess whether any defences might be raised by John.  Discuss possible remedies. Naomi and Lorayne: AO1 Knowledge and understanding  Identify the issue as one of private nuisance.  Explain the meaning of an indirect interference.  Explain the elements related to unreasonable use of land such as locality and duration.  Explain the requirement of damage.  Explain any possible defences.  Identify possible remedies. AO2 Analysis and application and AO3 Evaluation  Analyse whether Naomi’s activities constitute a nuisance.  Assess whether there are any defences available to Naomi.  Assess which losses are recoverable under private nuisance. Credit all valid responses. 25 AO1 12 AO2 5 AO3 8

9084/43 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2023 © UCLES 2023 Page 8 of 11 Section B Table B Use this table to give marks for each candidate response for Questions 3, 4 and 5. Level AO1 Knowledge and understanding 12 marks AO2 Analysis and application 5 marks AO3 Evaluation 8 marks Description Description Description 4 10–12 marks  Accurate and detailed in most relevant areas.  Thorough knowledge and understanding of the most appropriate legal concepts, principles and rules, key examples, cases and/or statutory authority, and legal terminology. 3 7–9 marks  Mostly accurate but may not be detailed in some relevant areas.  Good knowledge and understanding of appropriate legal concepts, principles and rules, examples, cases and/or statutory authority, and legal terminology. 4–5 marks  Mostly focused and reasoned analysis throughout.  The analysis is supported by effective and well developed use of legal concepts, principles and rules, key examples, cases and/or statutory authority. 6–8 marks  Mostly focused and reasoned evaluation of all the relevant issues.  Effectively supported by relevant material.  Coherent argument. 2 4–6 marks  Some accuracy but lacks detail in relevant areas.  Some knowledge and understanding of mostly appropriate legal concepts, principles and rules, examples, cases and/or statutory authority, and legal terminology. 2–3 marks  Some reasoned analysis.  The analysis is supported by some partially developed use of legal concepts, principles and rules, examples, cases and/or statutory authority. 3–5 marks  Some evaluation, reasoned at times, of some of the relevant issues.  Supported by some relevant material.  Some coherent argument. 1 1–3 marks  Limited accuracy.  Limited knowledge and understanding of legal concepts, principles and rules, examples, cases and/or statutory authority, and legal terminology. 1 mark  Limited analysis.  The analysis is supported by limited use or makes no use of legal concepts, principles and rules, examples, cases and/or statutory authority. 1–2 marks  Limited evaluation of a relevant issue.  Limited or no use of relevant material.  Limited or no argument. 0 0 marks  No creditable content. 0 marks  No creditable content. 0 marks  No creditable content.

9084/43 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2023 © UCLES 2023 Page 9 of 11 Question Answer Marks 3 Evaluate the factors considered by the court when determining whether a duty of care is owed in negligence. Use Table B to mark candidate responses to this question. AO1 out of 12 marks. AO2 out of 5 marks. AO3 out of 8 marks. Indicative content Responses may include: AO1 Knowledge and understanding  Explanation of neighbour test.  Explanation of each element of the three-part test from Caparo v Dickman with reference to relevant case law and/or examples.  Explain the meaning of foreseeability of harm.  Explain the meaning of proximity.  Explain the meaning of just, fair and reasonable. AO2 Analysis and application and AO3 Evaluation  Assess the limitations of the ‘neighbour test’.  Analyse the development of the three-part Caparo test.  Evaluate the individual parts of the Caparo test.  Evaluate the operation of the Caparo test and consider criticisms and recommendations for reform.  Evaluation the significance of policy in the development of the duty of care. Credit all valid responses. 25 AO1 12 AO2 5 AO3 8

9084/43 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2023 © UCLES 2023 Page 10 of 11 Question Answer Marks 4 It is difficult to find a defendant liable for trespass to the person because of the defences available. Assess the validity of the statement above. Use Table B to mark candidate responses to this question. AO1 out of 12 marks. AO2 out of 5 marks. AO3 out of 8 marks. Indicative content Responses may include: AO1 Knowledge and understanding  Identify the nature of the tort of trespass to the person as a tort which aims to protect a person’s physical interests.  Explain the elements of assault.  Explain the elements of battery.  Explain the elements of false imprisonment.  Explain the elements of the defences available for each type of trespass, such as consent, self-defence and lawful restraint. AO2 Analysis and application and AO3 Evaluation  Assess the extent to which defences may be used in cases of trespass to the person.  Assess any policy reasons underlying the availability of defences for trespass to person.  Discuss whether it is difficult to establish liability for trespass to the person. Credit all valid responses. 25 AO1 12 AO2 5 AO3 8

9084/43 Cambridge International AS & A Level – Mark Scheme PUBLISHED May/June 2023 © UCLES 2023 Page 11 of 11 Question Answer Marks 5 Evaluate the special considerations which apply in relation to the duty owed to a child visitor under the Occupiers’ Liability Act 1957. Use Table B to mark candidate responses to this question. AO1 out of 12 marks. AO2 out of 5 marks. AO3 out of 8 marks. Indicative content Responses may include: AO1 Knowledge and understanding  Explain the elements required to establish liability under the Occupiers Liability Act 1957.  Explain the specific requirement in relation to the occupiers duty to a child visitor under S2.3(a) with reference to relevant case law.  Explain the meaning of an allurement.  Explain the relevance of the age of the child in relation to warning signs.  Explain the significance of parental supervision. AO2 Analysis and application and AO3 Evaluation  Evaluate the requirements under S2.3(a).  Assess the occupiers duty in relation to allurements.  Assess the role of parental supervision.  Evaluation the appropriateness of the current approach to occupiers’ liability in the context of children. Credit all valid responses. 25 AO1 12 AO2 5 AO3 8