These A Level Law 7162 topics consistently produce the lowest scores. Prioritise these in your revision.
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Mens rea — direct and oblique intention, malice aforethought
weak explanation of mens rea. Failure to explain the meaning of malice aforethought (expressed and implied) and/ or a failure to explain how to establish direct and oblique (indirect) intention
Affects: Paper 1
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Duress — voluntary association with violent groups
The majority of students identified that membership of the gang could affect the availability of the defence however few could confidently explain the law covering this area.
Affects: Paper 1
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Loss of control — degree of tolerance and excluded matters
The degree of tolerance test was mentioned but few answers displayed accurate knowledge of the
Affects: Paper 1
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Intoxication — Majewski rule and specific vs basic intent
Many students inaccurately concluded that the defence would fail due to the Majewski rule showing a lack of understanding of the rule or that it applies to basic intent offences.
Affects: Paper 1
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Theft — appropriation, consent and s2(1) statutory exceptions
However, few students addressed the issue of consent to the initial appropriation of the plants, as well as consent to appropriation of the £20, though not the additional £10.
Affects: Paper 1
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Occupiers' liability — premises and lawful visitor definitions
a significant number of students lost marks through weak explanations. For instance, it was not enough to say that Harun was the occupier simply because he owned the hotel
Affects: Paper 2
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Rylands v Fletcher — separate elements and strict liability nature
One common weakness was a failure to separate out the different elements of the rule. A significant number of students for instance ran together the elements of a “dangerous thing” and an “unnatural use of the land”.
Affects: Paper 2
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Negligent misstatement — special relationship vs Caparo
More concerning was the number of students who made no reference to the relevant rules and seemed unaware of them.
Affects: Paper 2