Note to module planner law of tort

How to use the Module Planner General The Module Planner has been divided into a number of ‘Units,’ which you will progress through (more-or-less) in order, and which represent an attempt to divide up Law of Tort in a reasonably intellectually coherent fashion This Module Planner sets out in detail the plan of work for your module Your classes will be structured around it, and your seminars are likely to be based upon the materials to be found here Each Unit has an Introduction to set the scene, and references to show you what to read Your lecture tutor is likely to follow the Planner’s order of topics, and your seminar tutor to set you a number of questions to prepare ahead of each next week’s class Lectures For lectures, make sure you know what the topic is going to be in advance, and reflect upon how what you know already relates to that If you have the opportunity to read ahead on the substance of the lecture, so much the better Bring your Planner to the lecture, so that you can check the issues and names of the cases as your lecturer refers to them That will guide you in how much more you need to read ahead of the seminar Seminars The three elements of your pre-seminar reading are the cases (and statutes where applicable), any articles that catch your attention, and your chosen main textbook Which order you read them in seems a matter of choice The writer’s preference is the order just stated, which has the bonus that if the cases are read on Westlaw then the database itself will make some suggestions of its own for articles to read You will then need to work at the seminar questions Outline answers will usually suffice, but you should feel free to offer your tutor more fully written-up answers from time to time for them to give you feedback Most will be happy to this, since they know that only by practice will you get to a point where you can be confident of passing A low mark now is better than a low mark in the coursework or examination You should bring at least a textbook to your seminar in order to check or look up novel points as they arise Reading for Class The cases are there to be read, not to show off the writer’s learning Although the general answer to ‘Which are the most important cases?’ is ‘All of them’, nevertheless it is sometimes possible to mark particular cases as the ones that are to be read first If you ‘do not have time to read the cases’ then you not have time to pass the assessments – it is as simple and brutal as that The statutes listed are a matter of finding the relevant sections and becoming familiar with them: the writer’s advice is to print them off from Westlaw or follow the links from the House of Parliament’s website: www.parliament.uk Self-Test Questions There are then the Self-Test questions, designed to take you (most of) the way through each Unit by showing you the issues with which you need confidently to be able to grapple before attempting the Seminar Questions Make sure that you can answer these before proceeding to the Seminar Questions Seminar Questions Your tutor is likely to designate a few Questions for you to concentrate upon each week: your final preparation should therefore focus upon those The Questions show the sorts of questions on each topic that get asked in assessments, especially examinations You may therefore gauge from week to week your likely examination performance by how much you are able to contribute to the discussion in seminars Of course, if that doesn’t amount to very much – then you may wish to discuss that with your tutor You will be surprised by how willing to help you they are It should be stressed at the outset that all names used in Questions (of any kind), Assessments and Written Assignments are hypothetical, and all incidents imaginary, and that no resemblance to any person or being, living or dead, real or imaginary, is intended or should be inferred All inappropriate similarities, whether of name or of incident or both, are coincidental Contents The Law of Tort – A Brief Introduction Module Descriptor Study Advice Plagiarism 10 Study Unit One Introduction to the Law of Torts 11 Study Unit Two The Standard of Duty of Care 14 Study Unit Three Causation 18 Study Unit Four Product Liability and the Consumer Protection Act 1987 23 Study Unit Five Psychiatric Injury 26 Study Unit Six Economic Loss caused by Negligent Misstatement 30 Study Unit Seven Common Law Employer’s Duties towards Employees 34 Study Unit Eight Vicarious Liability 36 Study Unit Nine Defences in Negligence 40 Study Unit Ten Occupiers Liability 44 Study Unit Eleven Private Nuisance 47 Study Unit Twelve The Rule in Ryland v Fletcher 51 Study Unit Thirteen Defamation 54 Study Unit Fourteen Trespass to Persons/Unlawful Interference with Goods 58 Assessment 61 Revision and Examination Techniques 63 The Law of Tort – A Brief Introduction A tort is a civil wrong which entitles a person who suffers a detriment by its commission to claim damages for his loss or injury In some circumstances, such as where a person suffers from a nuisance, the most appropriate remedy will be an injunction to prevent the continuation of the nuisance The primary function of the law of tort is to compensate the victim of a civil wrong, but the law also acts as a deterrent Tort distinguished from Crime and Contract The duty to refrain from committing a tort is imposed upon us all by law whether we like it or not and that duty is owed to everybody In contract any liability can only come into existence by the agreement of the parties concerned A tort differs from a crime in that a crime is not a civil wrong The object of criminal proceedings is to protect the community as a whole, whereas the principal objective of tort is to compensate a claimant for his loss A crime is punishable by the state whereas a claim in tort is brought by the person who has suffered a detriment – the claimant A tort may also be a crime – so for example, any person who drives his car is obliged by law to drive carefully so as not to injure any other road user In the event that a driver breaches his duty and is negligent in his driving any person who suffers as a result of his negligence may bring a claim against the driver of the vehicle The negligent driving may also be a crime such as driving without due care and attention – this will be punishable by the state It can be seen therefore that a person who drives negligently causing an accident may be punished by the state and may face a civil claim from any person who has suffered as a result of his negligence Interests Protected There are many different distinct torts which protect a wide range of interests A person’s personal safety is protected by the torts of negligence, battery, assault and false imprisonment Personal property is protected by the torts of nuisance, trespass to goods and trespass to land A person’s personal reputation is protected by the tort of defamation These interests are protected by means of the law acting as a deterrent and by providing a mechanism for claiming compensation in the event of a breach Defences to an Action in Tort There are two types of defences that may be raised to an action in tort – those which may be raised in respect of more than one tort are known as general defences and include contributory negligence, volenti non fit injuria (assumption of risk or consent), self-defence, necessity and Act of God Other defences such as the defence of qualified privilege in libel are only available in respect of one tort and are known as particular defences Module Descriptor Module Title: Law of Tort – WLLW2006 Pre-Requisites: None Level of Study: Level Total Learning Hours: 300 hours Credits: 30 Teaching Method: Lectures and Seminars (in term-time) The teaching element of the module will be delivered by means of two one-hour lectures (often delivered consecutively) and one one-hour seminar each week The lectures will set out the rules principles and caselaw concerning each topic, making particular reference to any especially problematic areas Seminars will develop, test and challenge students’ understanding of each topic and ability to apply it under assessment conditions As well as their unit-byunit research and reading, students will be expected to prepare specific discursive and problem-solving questions for discussion in class Extensive use will be made of formative assessment techniques Core Module: Yes Learning Outcomes for the Module Knowledge On completion of the module you will: Identify and compare the nature of tort liability in comparison with contractual and criminal liability Explain the essential elements of the tort of negligence, namely the duty of care, the standard of duty of care to needed to be discharged depending on the skill of the actor and the significance of policy considerations Explore issues of causation in law and remoteness in negligence Explore particular areas of negligence such as medical causation, psychiatric harm and economic loss which involve the application of specific rules Explain the general defences in tort and also the rules relating to the assessment of damages Explain and apply the law relating to occupiers’ liability Explain the doctrine of strict liability in tort as stated in the case of Rylands v Fletcher, together with any defences that are available Explain the law of defamation and apply the common law and statutory defences available as well as the remedies available to a claimant Explain the law of trespass to persons and property and evaluate the differences between it and the law of negligence 10 Explain the criteria that is needed to satisfy private nuisances and any defences that are available 11 Explain the main provisions of the Consumer Protection Act 1987 and the cases based on this statute Skills On completion of the module the student will be able to: 12 Identify and explain key legal concepts in the law of tort and apply them to case studies 13 Analyse and synthesise relevant knowledge of law to complex legal issues 14 Demonstrate a high degree of problem solving abilities, including the ability to identify the relevant issues and propose different solutions to factual cases 15 Research both primary and secondary sources to evaluate key legal principles 16 Demonstrate clear and effective written communication of arguments given a specified word limit or under timed examination conditions 17 Demonstrate the ability to work independently and in a team 18 Present clear and succinct oral arguments based on case studies Assessment Criteria In Law of Tort, as a Level Five module, the particular assessment criteria used to assess the knowledge, research skills, analysis, application, and communication skills in the Learning Outcomes for this module are that the student will be required to: demonstrate a critical understanding of the main principles of Law of Tort and their inter-relationship and development; understand, interpret, analyse and discuss with clarity legal materials relating to the Law of Tort; identify issues relating to a given problem, apply legal rules and principles and propose solutions, including a critical evaluation of the appropriateness of different problem-solving methods; carry out research according to a selection of the main Law of Tort methods of inquiry, showing an awareness of the limits of knowledge and issues of interpretation and produce a comprehensive analysis of the current state of the law in a given area of the Law of Tort; retrieve up-to-date primary and secondary sources of legal information, use legal terminology with accuracy, analyse primary legal materials and communicate effectively in the English language; demonstrate the ability to work independently and as part of a group Assessment Strategy There will be three units of Assessment for the module, which will assess the Learning Outcomes according to the above Assessment Criteria as follows: 20% Team Oral Presentation You will be required to work in pairs and carry out research on a hypothetical case study and present the issues and their solutions as opposing parties to the dispute This will assess Learning Outcomes 1-10, 12-15 and 17 & 18 70% of the overall mark will be given towards the oral presentation 20% will be allocated for the skeleton argument (500 words maximum) The final 10% will be for the bibliography 30% Coursework 50% Examination You will research a pre-advised general area and then answer an unseen question under timed conditions (one hour) This will assess Learning Outcomes 1-5 and 12-16 This will be a hours 15 minutes unseen examination (with reading time), consisting of short answer questions based on a case study (Section A) This will assess Learning Outcomes 1-11 and 12-16 Reading List Paul Giliker and Silas Beckwith, Tort, 3rd Edition 2008 (Sweet & Maxwell) You are strongly recommended to read this text book as we will be using it as the ‘core’ text book for this module You will be asked to read the relevant chapters at the start of each module To accompany the above text book, you should also purchase Tort: Cases and Materials, Second Addition (Sweet and Maxwell) by Geoffrey Samuel The following text and case books are also recommended: Jenny Steele, Tort Law, Text, Cases and Materials, 1st Edition, Oxford University Winfield and Jolowicz on Tort, Rogers (17th edition) 2006 (Sweet & Maxwell) Markensis and Deakin, Tort Law, 6th Edition, 2007 (OUP) Law Reports Students are liable to ask ‘Do I have to read all these cases?’ The short answer is ‘Yes.’ Not for nothing is this known as a common law legal system The longer answer is that these are merely a selection – although it is intended to be a representative one that covers the main points on each topic – and that the better question is ‘Can I pass despite reading so few as these?’ The answer to that question may well be ‘Yes’, but you will need to read the Law Reports thoroughly and reflect upon what you read At any rate, it is on that basis that these lists were compiled It is assumed that the reader is familiar by now with the various sets of Reports, and where to find them in the Library They will find that many important Tort cases are also available online, and that will be especially useful to them at coursework time Self-Test Questions In Rylands v Fletcher what was the principle established by Blackburn J? What is meant by ‘strict liability’? Who can sue or be sued under the principle? How was non-natural user applied in the following cases: a) Rickards v Lothian; b) Mason v Levy Auto Parts of England; c) British Celanese v A H Hunt; d) Transco plc v Stockport Metropolitan Borough Council Why the courts insist on the need for an escape? What is the significance of the decision in Transco plc v Stockport? Must the defendant be in occupation of the land? May a licensee be liable? Are damages for personal injuries recoverable? If so, in what situations? What constitutes an ‘Act of God’? What are the recognised defences to the rule in Rylands v Fletcher? In your opinion, has the Human Rights Act 1998 affected the position of a person who does not have an interest in land? Seminar Questions Compare and contrast the tort of nuisance with liability in tort under the rule in Rylands v Fletcher James, a lecturer in the Department of Physiology of the University of Wessex, infects twenty-five farmyard goats with a virus for the purposes of an experiment The goats are kept in the University’s animal house, each in a separate chamber with a window made of heavy-duty glass One Sunday there is an extraordinarily heavy hail-storm, the worst recorded in Wessex for seventy-five years A large hailstone shatters one of the windows, allowing a goat to escape It wanders into the garden of a nearby house, also owned by the University but rented to Tom, another lecturer in the Physiology Department Tom knew of the presence of the goats when he took the house Tom’s four-year-old son Edward starts to stroke and play with the goat, which appears to be quite tame His mother Mary emerges from the house and screams loudly when she sees the goat nuzzling against Edward Startled by the scream the goat bites Edward 52 Edward contracts a rare disease as a result Mary suffers neuro-dermatitis as a result of the shock and worry over Edward’s injury and subsequent illness Advise the University 53 Study Unit Thirteen Suggested minimum study hours: hours Topic Defamation Learning Outcomes • Explain the overall purpose of the law of defamation; • Explain the difference between libel and slander; • Explain the different ways by which a statement can be deemed defamatory with reference to decided cases; • Examine the role of judge and jury in cases of defamation; • Explain the liability that may be incurred for third parties publishing a defamatory statement; • Explain the defences available in defamation cases; • Evaluate the important sections of the Defamation Act 1996; • Research proposals for the change in the law of defamation and consider proposals of your own Essential Reading Chapter 13 (Page 403 to 420), Tort, Giliker and Beckwith, 3rd Edition Chapter 14 (Defences to Defamation) (Page 421 to 458), Tort, Giliker and Beckwith, 3rd Edition Other Reading Kaye ‘Libel and Slander – Two Torts or One?’ (1976) 91 LQR 524 Lord Lloyd ‘Reform of the Law of Defamation’ (1976) 29 CLP 43 Sutherland ‘Fair Comment by the House of Lords?’ (1992) 55 MLR 278 Young ‘Fact, Opinion and the Human Rights Act 1998’ (2000) 20 OJLS 89 54 Primary Sources Meaning of defamation Sim v Stretch [1936] All ER 1237 Mosely v News Group Newspapers Ltd [2008] EWHC 1777 (QB) Definition of libel Youssoupoff v Metro-Goldwyn-Mayer Pictures Ltd (1934) 50 TLR 581 Innuendo Byrne v Deane [1937] All ER 204 Lewis v Daily Telegraph Ltd [1964] AC 234 Tolley v Fry & Sons Ltd [1931] All ER Rep 131 Cassidy v Daily Mirror Newspapers Ltd [1929] KB 331 Is the claimant being referred to? Hulton & Co v Jones [1910] AC 20 Knupffer v London Express Newspapers Ltd [1944] AC 116 Kemsley v Foot [1952] AC 345 Publication of defamatory statement Huth v Huth [1915] KB 32 Theaker v Richardson [1962] WLR 151 Defences Innocent publication Vizetelly v Mudie' s Select Library Ltd [1900] QB 170 Justification Alexander v N.E Railway Co [1856] B&S 340 Fair Comment (Public Interest Test) Reynolds v Times Newspapers Ltd [2001] 2.A.C.127 Galloway v Telegraph Group Ltd [2006] EWCA Civ 17 55 Qualified Privilege Hunt v G.N Railway [1891] QB 189 Watt v Longsden [1930] KB 130 Self-Test Questions Define a defamatory statement What does the law of defamation protect? Consider the problem of achieving a balance between freedom of speech and protection of reputation Is there sufficient protection of privacy under the law of defamation? In what situations is slander actionable per se? What was the definition of a defamatory statement put forward in Sim v Stretch? What is meant by innuendo? Can a class of persons be defamed? Will this often give rise to a successful action? What is meant by ‘publication’? Was there publication in Huth v Huth? What must a defendant show to establish a defence of justification? Distinguish between absolute and qualified privilege What are the consequences of this distinction? 10 What are the elements of fair comment? 11 What is the significance of an apology and an and an offer of amends? 12 What are the main effects of the Defamation Act 1996? Seminar Questions Florence and John are heads of the student union of Foxcroft University They send an email to the monthly University newsletter stating that SPACE Ltd, a famous high street retail company, manufactures their clothes in ‘sweat shops’ in India and China, using cheap labour that work in squalid conditions They further ask that all students boycott their clothes until SPACE Ltd release a statement clarifying its position 56 At the same time Parliamentary MP Max Brown appears on Channel Television program stating that he has received an email from “a couple of brave and conscientious youngsters” that a famous high street clothes company are using “slave labour” and that even he wouldn’t allow his children to “buy their filthy rags” SPACE Ltd has become aware of the allegations made and are intending to sue Florence and John, together with Foxcroft University for publishing the email They are also demanding that Max Brown reveal his source of information as well as clarifying which high street clothes company he is referring to They are not too happy that Channel has aired this Television program either Florence and John insist that numerous children charities across the world have highlighted the plight of child exploitation in the textile industry This has caused many well known high street firms to carry our stricter controls into their overseas operations Advise SPACE Ltd How does the law of Defamation enshrine the right of reputation and whilst at the same time allow for freedom of expression? 57 Study Unit Fourteen Suggested minimum study hours: hours Topic Trespass to persons/Unlawful interference with goods Learning Outcomes Trespass to Persons • Explain the three different types of trespass that exist; • Explain Assault, Battery and False Imprisonment and illustrate the definitions with reference to case law; • Can words amount to assault; • How important is knowledge in claims for false imprisonment? Unlawful Interference with goods • Explain the meaning of conversion; • Explain the different ways how a person can be liable for conversion; • Explain the nemo–dat quod non habet rule Essential Reading Chapter 11 (Page 345 to 382), Tort, Giliker and Beckwith, 3rd Edition Other Reading Trespass to the Person Dworkin ‘Trespass and Negligence – A Further Attempt to Bury the Forms of Action’28 MLR 92 Jones ‘Protection From Harassment’ (1997) 31 LTeach 252 Tan Keng Feng ‘Failure of Medical Advice: Trespass or Negligence?’ (1987) Legal Woollard ‘Prosecution or Persecution?: Martin v Watson’ [1995] 29 L Teach 99 58 Primary Sources Assualt Letang v Cooper [1965] QB 232 Words and Assult Tuberville v Savage (1669) 86 ER 684 Read v Coker (1853) 138 ER 1437 Battery Wilkinson v Downton [1897] QB 57 Fagan v Metropolitan Police Commissioner [1969] QB 439 False Imprisonment Bird v Jones (1845) 115 ER 668 Herd v Weardale Steel, Coke and Coal Co [1915] AC 67 Herring v Boyle (1834) 149 ER 1126 Meering v Grahame-White Aviation Co Ltd (1919) 122 LT 44 Murray v Ministry of Defence [1988] WLR 692 Trespass to Goods Rose v Matt [1951] KB 810 Moorgate Mercantile Co v Finch (and Read) [1962] QB 701 Hiort v Bott (1874) LR Exch 86 R.H Willis & Son v British Car Auctions [1978] WLR 438 Self-Test Questions Give a definition of the tort of battery Can battery be committed negligently? What advantage could a plaintiff obtain by proceeding in battery rather than negligence? Can there be a negligent trespass since Letang v Cooper? What did the Court of Appeal in Wilson v Pringle mean by ‘hostility’ in touching? Do you think the Court of Appeal was correct in introducing this requirement? 59 Does a person who blocks a doorway so that others cannot get out without bumping into him commit the tort of battery? Why did the plaintiff in Sidaway argue her case in negligence rather than battery? Is consent a defence to a claim in battery? Is contributory negligence a defence? Should it be? Seminar Questions Sally and Caroline are secretaries occupying adjoining rooms at Hardsell Ltd Sally is known to be particularly nervous and excitable One day Wheeze, a visiting sales representative who knew Sally, was waiting in Sally’s office while she was away taking dictation As a practical joke he placed a realistic toy in the shape of a housefly in her tin of dried milk Later that day Sally was making a cup of coffee while talking on the telephone to her mother Ruth She noticed the fly and started screaming uncontrollably Ruth could not get Sally to explain what was happening Caroline rushed to Sally’s assistance when she heard the scream and gashed her leg on the corner of the desk Since the incident Ruth has been very depressed and has suffered from a disagreeable skin complaint resulting from her nervous reaction Advise Sally, Ruth and Caroline Pam and Sue Ellen went to Ritzi’s Disco one evening when it was holding a ‘Slam Dancing Night’ Slam dancing was a new form of dancing where free expression could be given to dancers’ feelings and bumping into other dancers was positively encouraged Pam tripped over Ray’s feet as she made her way on to the dance floor and when she picked herself up off the floor she was punched by Bobby, a rather enthusiastic dancer As a result of the punch Pam’s jaw was broken Sue Ellen, while sitting at the bar, saw her husband, JR, dancing with Donna Furious, because she believed JR to be having an affair with Donna, she threw a beer glass in JR’s direction JR ducked and the glass hit Cliff, who was taken to hospital with a serious eye injury Cliff was told that he needed an emergency operation but, because the surgeon thought that anyone who participated in slam dancing was incapable of understanding the risks involved in the operation, he was not told of the serious nature of the operation or the considerable risk that he might lose the sight in one eye The operation, through no fault of the surgeon, resulted in Cliff losing the sight in one eye Discuss 60 Assessment 20% Team Presentation You will be required to work in pairs and research on a hypothetical case study and then present the issues and their solutions as opposing parties to the dispute A general case study will be set involving two parties in a legal dispute For instance, this could be on the area of the law of defamation Below is an example of a case study which you may be assigned: ‘Recently, Thug, a man with a bad criminal record for offences of violence, dies when in custody at the headquarters of the Northshire police An official inquiry has exonerated the police from all blame but Lenin, a student activist, believes that Thug was maltreated by the police He draws up a poster which shows a large and conspicuous picture of a pig, and which reads, ‘Who Killed Thug? Who are the Guilty Men?’ The word ‘pig’ is sometimes used as a term of abuse when describing the police Lenin hangs the poster on the official notice board of the Department of Hamsterology at the University of Northshire where he is a student Frisbee, the Head of Department has noticed the poster hanging there over a two week period but he does not remove it These matters have now been drawn to the attention of Police Constable Bruiser who had been in charge of Thug throughout the period leading up to his death Bruiser seeks your advice as to whether he has a cause of action in defamation.’ Once you are aware which side of the legal dispute you are representing you will work with your partner to research the relevant area of law to support your arguments The presentation itself will comprise of 70 percent of the overall mark You must make clear references to all sources of materials used in the bibliography as this would count to 10 percent of the overall mark You will demonstrate the ability to succinctly put forward your arguments within the allocated time Each individual must produce a skeleton argument of 500 words maximum (20 percent of the overall mark) which must be submitted a week before your presentations You will be informed in advance of the deadline for submission On the day of the presentation you will encounter the team representing the opposing side of the dispute and you will again be divided into sets of two You will be given 10 minutes for your discussion and present counter arguments against the speaker before 61 Remember to suggest any defences and remedies which may be available 10 minutes is not a long time so it is important to plan properly It is essential that you treat your colleagues with the same respect and courtesy which you expect to receive Please not interrupt the presenter whom you are up against while they are doing their presentations Marks may be deducted of any presenter who does not observe this rule You can be expected to be in the lecture room for your presentations for up to an hour A minimum of two assessors will be present and give marks according to the assessment criteria outlined in the module planner The assessor may put forward questions to the presenters on that day so it is important for you to remain alert and be prepared to answer spontaneously Marks will be given on your knowledge of law, presentation of original and succinct arguments All presentations will be recorded on camera 30% Coursework You will research a (pre-advised) general area, and then answer an unseen question under timed conditions (one hour) For instance, the task may involve researching the area of Private Nuisance You will be expected to research both primary sources and secondary sources such as text books, case books, journals and internet articles You can research this area independently or together as groups You are encouraged to take notes and discuss your research with colleagues Below is an example of an unseen essay question ‘Examine in law how one neighbour’s right to quiet enjoyment of his property is balanced with the other’s right to pursue activities which a class of persons will not approve?’ You will be expected to demonstrate clear and effective communication of arguments and evaluate important points of law 50% Examination You will be required to a hours (plus 15 minute reading time) consisting of an unseen examination consisting of short answer questions based on a case study (Section A) 62 The case study which you will be given can be based on the whole of or large extract from a leading case authority You will answer 10 short answer questions based on it Part B will consist of examination questions which you must answer two of Revision and Examination Technique Whole books have been written on how to study and this brief note makes no pretence at being an infallible guide In any case, skill in revision and examination techniques is an art best acquired by actual practice The more you study, the more you devise your own short cuts for efficient preparation for exams Unfortunately, it is only when you actually sit the examination that you can see whether your particular method of revision is successful If it is not, it is an expensive and frustrating way to find out While it is true that examination techniques are best learned actually sitting examinations, it is not necessary to wait until the real thing ‘Mock’ examinations, tackled under realistic conditions, can be very helpful For example, select a question and, without looking at the skeleton answer (if there is one), write out your own You can use the questions set throughout this Planner to stage your own practice run Or, if you have time, tackle a full quota of four or five questions at once – as a mock examination The short list of do’s and don’ts below attempts to set out some suggestions which it is hoped most students will find of practical use in planning their revision and tackling examinations Do’s Before the examination a) Do plan ahead and make your plans increasingly detailed as you approach the examination date Allocate enough time for each topic to be studied, bearing in mind the time actually available to you before the exams b) Do exercise constant self-discipline, especially if studying at home c) Do, during your course of study, especially once revision starts, constantly test yourself orally and in writing 63 d) Do keep up-to-date While examiners not require familiarity with changes in the law during the three months prior to the examination, it obviously creates a good impression to show you are acquainted with any recent changes Sources that you might look at in order to be up to date include: leading journals such as Modern Law Review, Law Quarterly Review and New Law Journal; cumulative indices to law reports such as the All England Law Reports, and such sources as the Law Society’s ‘Gazette’ and the Legal Executive ‘Journal’ e) Do familiarise yourself with past examination papers, and try at least one ‘mock examination’ well before the date of the real thing In the examination room f) Do read the instructions on the examination paper carefully While any last minute changes are unlikely – such as the introduction of a compulsory question – it has been known to happen g) Do read the questions carefully Analyse problem questions – work out what the examiner wants PLAN YOUR ANSWER before you start to write h) Do note mark allocations (if any) on the question paper It is pointless to spend an excessive amount of time in producing a perfect answer to a part of a problem that carries only a tiny percentage of the marks i) Do allow enough time to re-read your answers A misplaced word (a ‘not’ in the wrong place, for example) may turn a good answer into gibberish Don’ts a) Don’t finish the syllabus too early – constant revision of the same topic leads to stagnation – but DON’T leave revision so late that you have to ‘cram’ If you are the sort of person who works better to a deadline – make it a realistic one! b) Don’t try to learn by rote In particular, don’t try to reproduce model answers by heart Learn to express the basic concepts in your own words c) Don’t answer the question you expect to see! By all means ‘problem-spot’ before examinations by going over old exam papers but make sure that what the examiner is asking for really does match what you are preparing to write about and above all d) 64 DON’T PANIC! Answer Structure Finally, it may be useful at this juncture to say a few words about the structure of your answers in the examination Almost all examination problems raise more than one legal issue that you are required to deal with Your answer should all of the following: a) Identify the issues raised by the question This is of crucial importance and gives shape to the whole answer It indicates to the examiner that you appreciate what he is asking you about This is at least as important as actually answering the questions of law raised by that issue The issues should be identified in the first paragraph of the answer b) Deal with those issues one by one as they arise in the course of the problem This, of course, is the substance of the answer and where study and revision pays off c) If the answer to an issue turns on a provision of a statute, CITE that provision briefly, but not quote it in detail from any statute you may be permitted to bring into the examination hall Having cited the provision, show how it is relevant to the question d) If there is no statute, or the meaning of the statute has been interpreted by the courts, CITE the relevant cases ‘Citing cases’ does not mean writing down the name of every case that happens to deal with the general topic with which you are concerned and then detailing all the facts you can think of You should cite only the most relevant cases – there may perhaps only be one No more facts should be stated than are absolutely essential to establish the relevance of the case If there is a relevant case, but you cannot remember its name, it is sufficient to refer to it as ‘one decided case’ e) Whenever a statute or case is cited, the title of the statute or the name of the case should be underlined This makes the examiner’s job much easier because he can see at a glance whether the relevant material has been dealt with, and it will make him more disposed in your favour 65 f) Having dealt with the relevant issues, summarise your conclusions in such way that you answer the question A question will often say at the end simply ‘Advise A’, or B, or C, etc The advice will usually turn on the individual answers to a number of issues The point made here is that the final paragraph should pull those individual answers together and actually give the advice required For example, it may begin something like: ‘The effect of the answer to the issues raised by this question is that one’s advice to A is that …’ Make sure that you have answered the question completely If the question says ‘Advise A, B, C and D’, don’t leave D out Don’t get diverted into discussing advice to parties whom you are not required to advise We wish you the best of luck! 66