Cambridge A Level Law 9084 — 2024 Oct/Nov Paper 4 · Variant 1

[Turn over This document has 4 pages. Any blank pages are indicated. DC (CE) 345179 © UCLES 2024 Cambridge International AS & A Level LAW 9084/41 Paper 4 Law of Tort October/November 2024 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 [ ]. * 5 5 7 8 0 1 5 0 3 2 *

2 9084/41/O/N/24 © UCLES 2024 Section A Answer one question from this section. EITHER 1 John is the company accountant for XYZ. He has recently prepared the annual financial statements for the company, which show that it has made a significant profit. John meets his friend Frank for lunch. Frank tells John that he has inherited a large sum of money. John says that XYZ has had an exceptionally good year and that he believes that the company will grow and become more profitable every year. Frank invests all his inheritance in XYZ. The following year XYZ goes out of business. John had not taken into consideration a number of recent loans obtained by the company when he prepared the financial statements. In fact, the company was not making a profit but was trading at a loss. However, this was not reflected in the financial statements prepared by John. Frank has lost his entire investment. Advise the parties of their rights, responsibilities and potential remedies. [25] OR 2 Barchester Council decides to install a charging point for electric vehicles in its main car park. The council hires Andy, who quotes the lowest price for the work. The council is satisfied that Andy is knowledgeable and experienced enough as an electrician to do the work, even though he has had no previous experience of installing vehicle charging points. Andy completes the installation work, but customers soon start to complain that their vehicles are not charging properly. Colm, the chairman of the council, uses the charging point to charge his own car and receives an electric shock, resulting in minor burns. The council contacts a specialist company to inspect Andy’s work and is advised to close the charging point until it has been inspected. Liam, aged 13, goes to the car park. There is a sign on the charging point which says, ‘out of use’. Nevertheless, Liam uses it to charge his electric scooter, which overheats and catches fire. As he runs from the car park, he falls and breaks his arm. His electric scooter is destroyed in the fire. Advise the parties of their rights, responsibilities and potential remedies. [25]

3 9084/41/O/N/24 © UCLES 2024 Section B Answer two questions from this section. 3 The standard of care in negligence is an objective one. However, in a limited number of circumstances the court should take into consideration the individual characteristics of the defendant. Assess the validity of this statement. [25] 4 Evaluate the operation of the defence of contributory negligence. [25] 5 The rule in Rylands v Fletcher is no longer necessary because a remedy can generally be found in private nuisance. Assess the validity of this statement. [25]

4 9084/41/O/N/24 © UCLES 2024 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 14 printed pages. © Cambridge University Press & Assessment 2024 [Turn over Cambridge International AS & A Level LAW 9084/41 Paper 4 Law of Tort October/November 2024 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 October/November 2024 series for most Cambridge IGCSE, Cambridge International A and AS Level components, and some Cambridge O Level components.

9084/41 Cambridge International AS & A Level – Mark Scheme PUBLISHED October/November 2024 © Cambridge University Press & Assessment 2024 Page 2 of 14 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 descriptions 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.

9084/41 Cambridge International AS & A Level – Mark Scheme PUBLISHED October/November 2024 © Cambridge University Press & Assessment 2024 Page 3 of 14 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 Calculation questions: • The mark scheme will show the steps in the most likely correct method(s), the mark for each step, the correct answer(s) and the mark for each answer • If working/explanation is considered essential for full credit, this will be indicated in the question paper and in the mark scheme. In all other instances, the correct answer to a calculation should be given full credit, even if no supporting working is shown. • Where the candidate uses a valid method which is not covered by the mark scheme, award equivalent marks for reaching equivalent stages. • Where an answer makes use of a candidate’s own incorrect figure from previous working, the ‘own figure rule’ applies: full marks will be given if a correct and complete method is used. Further guidance will be included in the mark scheme where necessary and any exceptions to this general principle will be noted.

9084/41 Cambridge International AS & A Level – Mark Scheme PUBLISHED October/November 2024 © Cambridge University Press & Assessment 2024 Page 4 of 14 4 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. 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.

9084/41 Cambridge International AS & A Level – Mark Scheme PUBLISHED October/November 2024 © Cambridge University Press & Assessment 2024 Page 5 of 14 Annotations and their Use Annotation Use ✓ Used to indicate relevant and rewardable content. X Used to indicate that content is inaccurate or incorrect. NAQ Used when the answer or parts of the answer are not answering the question asked. BOD Used when the benefit of the doubt is given in order to reward a response. EVAL Used to indicate where the answer has demonstrated evaluation REP Indicates where content has been repeated. SEEN Indicates that content has been recognised but not rewarded. ? Indicates material which is not sufficiently clear to be rewarded. Indicates material which is not relevant as a response to the question asked.

9084/41 Cambridge International AS & A Level – Mark Scheme PUBLISHED October/November 2024 © Cambridge University Press & Assessment 2024 Page 6 of 14 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.

9084/41 Cambridge International AS & A Level – Mark Scheme PUBLISHED October/November 2024 © Cambridge University Press & Assessment 2024 Page 7 of 14 Level AO1 Knowledge and understanding 12 marks AO2 Analysis and application 5 marks AO3 Evaluation 8 marks 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.

9084/41 Cambridge International AS & A Level – Mark Scheme PUBLISHED October/November 2024 © Cambridge University Press & Assessment 2024 Page 8 of 14 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: John and Frank AO1 Knowledge and understanding • Identify issue of negligent misstatement • Distinguish between pure economic loss and consequential loss • Explain the elements required to establish a duty of care for negligent misstatement • Explain the standard of care required of a professional accountant • Explain the rules relating to breach of duty and damage • Explain the possible remedy AO2 Analysis and application and AO3 Evaluation • Analyse whether duty of care is established • Assess whether John has breached the duty of care • Assess whether the breach caused the damage • Consider possible defences • Assess the losses which may be recoverable Credit all valid responses. 25 AO1 12 AO2 5 AO3 8

9084/41 Cambridge International AS & A Level – Mark Scheme PUBLISHED October/November 2024 © Cambridge University Press & Assessment 2024 Page 9 of 14 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: Barchester Council, Andy and Colm AO1 Knowledge and understanding • Identify the issue as one of occupiers’ liability • Explain key terms – occupier, premises, visitor and trespasser • Explain the duty owed by an occupier to a visitor under the OLA 1957 • Explain the rules relating to an independent contractor • Explain possible defences and remedies AO2 Analysis and application and AO3 Evaluation • Assess whether Barchester Shopping Centre own a duty to Colm under the OLA 1957 • Assess whether the duty has been discharged through the hiring of an independent contractor • Assess whether any defences are available • Discuss which losses are recoverable Barchester Council and Liam AO1 Knowledge and understanding • Identify the issue as one of occupiers’ liability • Explain the duty of care owed to a trespasser under the OLA 1984 • Explain the special rules in relation to a child trespasser • Explain the rules relating to warning signs • Explain the possible defences • Identify possible remedies in relation to personal injury and damage to property AO2 Analysis and application and AO3 Evaluation • Analyse whether the duty of care under OLA 1984 has been breached • Assess whether there are any defences available • Consider the which losses are recoverable Credit may be awarded for an alternative approach based on negligence Credit all valid responses. 25 AO1 12 AO2 5 AO3 8

9084/41 Cambridge International AS & A Level – Mark Scheme PUBLISHED October/November 2024 © Cambridge University Press & Assessment 2024 Page 10 of 14 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.

9084/41 Cambridge International AS & A Level – Mark Scheme PUBLISHED October/November 2024 © Cambridge University Press & Assessment 2024 Page 11 of 14 Level AO1 Knowledge and understanding 12 marks AO2 Analysis and application 5 marks AO3 Evaluation 8 marks 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.

9084/41 Cambridge International AS & A Level – Mark Scheme PUBLISHED October/November 2024 © Cambridge University Press & Assessment 2024 Page 12 of 14 Question Answer Marks 3 The standard of care in negligence is an objective one. However, in a limited number of circumstances the court should take into consideration the individual characteristics of the defendant. Assess the validity of this statement. 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 the standard of care • Explanation of the reasonable man test • Explanation of the nature of an objective test • Explanation of the application of the test to children • Explanation of the application of the test to professionals AO2 Analysis and application and AO3 Evaluation • Analysis of the use of an objective test • Analysis of the use of the test in relation to children • Analysis of the use of the test in relation to professionals • Assess whether the current approach provides just outcomes Some credit may be awarded for an explanation of the elements of negligence but in order to achieve the highest marks the candidate must focus on the standard of care. Credit all valid responses. 25 AO1 12 AO2 5 AO3 8

9084/41 Cambridge International AS & A Level – Mark Scheme PUBLISHED October/November 2024 © Cambridge University Press & Assessment 2024 Page 13 of 14 Question Answer Marks 4 Evaluate the operation of the defence of contributory 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 • Explain the development of the defence of contributory negligence. • Explain the operation of contributory negligence as a partial defence. • Explain the factors required to establish the defence. • Explain the operation of the defence in relation to specific torts. AO2 Analysis and application and AO3 Evaluation • Analyse the elements of the defence. • Analyse the extent to which the defence provides justice for the parties. 25 AO1 12 AO2 5 AO3 8

9084/41 Cambridge International AS & A Level – Mark Scheme PUBLISHED October/November 2024 © Cambridge University Press & Assessment 2024 Page 14 of 14 Question Answer Marks 5 The rule in Rylands v Fletcher is no longer necessary as a remedy can generally be found in private nuisance. Assess the validity of this statement. 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 development of the action in Rylands v Fletcher • Explain the elements which must be present to establish liability. • Explain the defences which are available. • Explain the remedies which may be awarded in a case of Rylands v Fletcher • Explain the use of private nuisance in relation to cases involving accumulation, non-natural use, escape and damage. AO2 Analysis and application and AO3 Evaluation • Assess the extent to which Rylands v Fletcher is still a useful action. • Assess the extent to which private nuisance can be used instead of Rylands v Fletcher • Assess whether the action in Rylands v Fletcher is still necessary. Credit all valid responses. 25 AO1 12 AO2 5 AO3 8