2025 OCR A Level Law H418/02 Law making and the law of tort, Exams of Law

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Oxford Cambridge and RSA - 2025

Tuesday 3 June 2025 – Afternoon

A Level Law

H418/02 Law making and the law of tort

Time allowed: 2 hours

(Verified Question Paper With Mark

Scheme Combined June 2025)

INSTRUCTIONS

• Use black ink.
• Write your answer to each question in the Answer Booklet. The question numbers must be clearly shown.
• Fill in the boxes on the front of the Answer Booklet.
• Answer five questions in total: Answer one question from Questions 1 and 2 and one question from Questions 3 and 4 in Section A. Choose one Part in Section B. Answer the three questions for that part. INFORMATION
• The total mark for this paper is 80.
• The marks for each question are shown in brackets [ ].
• Quality of extended response will be assessed in questions marked with an asterisk (*).
• This document has 4 pages. ADVICE
• Read each question carefully before you start your answer. © OCR 2025 [603/0706/7] DC (WW) 353467/ OCR is an exempt Charity (^) Turn over

Turn over

H418/ Jun © OCR 2025

SECTION B

Law of tort Choose Part 1 or Part 2. Part 1 Answer the three questions. The first two questions are about the scenarios. The scenarios are related. Amir is a builder who was an employee of Bigbildz Construction. Bigbildz asked Amir to fit some upstairs windows in a new house. Amir had to use scaffolding provided by Bigbildz to do the work. While Amir was lifting the window into place, the scaffolding broke and he fell to the ground. He suffered serious injuries and property damage. Investigations showed that Bigbildz had used sub-standard scaffold boards to save money and had not conducted a safety inspection of the scaffolding. Amir was unaware of this. As a result of Amir’s fall, his £1000 mobile phone was broken beyond repair. He sustained serious leg injuries and has been left with a permanent disability. Amir can no longer work as a builder and has been unemployed since the incident. He used to earn £1000 a week. Amir also enjoyed playing amateur football but can no longer play. Bigbildz claim that at the time of the incident, Amir was wearing his own trainers instead of the work boots they provide. They suggest that his leg injuries would not have been as bad if he had worn them. 5 Advise Amir whether Bigbildz would be liable if he sues them in negligence. Do not discuss occupier’s liability, defences or remedies. [20] 6 Advise Amir what remedies he might expect if successful in his claim and whether Bigbildz has any defences available. [20] Essay question on the law of tort 7* Discuss whether the Occupiers’ Liability Act 1957 is fair on adult visitors. [20]

© OCR 2025

H418/ Jun Part 2 Answer the three questions. The first two questions are about the scenarios. The scenarios are not related. Charlie owns a car repair garage on an industrial estate. When he replaces a car battery, he is supposed to recycle the used batteries as they are. However, Charlie has been draining the acid from them into an old oil drum outside his garage. He intends to use the acid as a weedkiller and pesticide in his garden at home. One night some local teenagers are filmed on CCTV messing around outside the garage. One of them pulls the oil drum of acid over. The acid runs into a neighbouring property where Dev operates a garden centre. His entire stock of plants are killed by the acid. Sam, Tom and Yana all work under a contract of service for Crowan Computers.

• Sam works on the customer service desk at Crowan Computers. A customer, Heidi, asks Sam a number of questions and Sam responds rudely and aggressively ordering Heidi to leave the store. Sam follows Heidi out to the car park and assaults her.
• Tom is the manager of Crowan Computers. Ivan works in the warehouse. After the staff Christmas meal, Tom invites Ivan and a group of other employees back to his hotel for more drinks. An argument develops between Ivan and Tom over differences in rates of pay. Tom becomes angry and assaults Ivan.
• Yana works in the IT department at Crowan Computers. She is so angry about Ivan’s treatment that she wants revenge. She uploads personal details of Crowan Computers’ customers on social media and is charged with data protection and breach of confidence offences. One of the customers, Mia, now wants to sue Crowan Computers for the breach of her personal data. 8 Advise Dev whether he will be successful if he sues Charlie in Rylands v Fletcher. Do not discuss any remedies. [20] 9 Advise Crowan Computers whether they will be vicariously liable for the torts of Sam, Tom and Yana. Do not discuss employment status or remedies. [20] Essay question on the law of tort 10* Discuss whether the Occupiers’ Liability Act 1957 is fair on adult visitors. [20] END OF QUESTION PAPER Oxford Cambridge and RSA Copyright Information OCR is committed to seeking permission to reproduce all third-party content that it uses in its assessment materials. OCR has attempted to identify and contact all copyright holders whose work is used in this paper. To avoid the issue of disclosure of answer-related information to candidates, all copyright acknowledgements

Oxford Cambridge and RSA Examinations

GCE

Law

H418/02: Law making and the law of tort

A Level

Mark Scheme for June 2025

Oxford Cambridge and RSA Examinations OCR (Oxford Cambridge and RSA) is a leading UK awarding body, providing a wide range of qualifications to meet the needs of candidates of all ages and abilities. OCR qualifications include AS/A Levels, Diplomas, GCSEs, Cambridge Nationals, Cambridge Technicals, Functional Skills, Key Skills, Entry Level qualifications, NVQs and vocational qualifications in areas such as IT, business, languages, teaching/training, administration and secretarial skills. It is also responsible for developing new specifications to meet national requirements and the needs of students and teachers. OCR is a not-for-profit organisation; any surplus made is invested back into the establishment to help towards the development of qualifications and support, which keep pace with the changing needs of today’s society. This mark scheme is published as an aid to teachers and students, to indicate the requirements of the examination. It shows the basis on which marks were awarded by examiners. It does not indicate the details of the discussions which took place at an examiners’ meeting before marking commenced. All examiners are instructed that alternative correct answers and unexpected approaches in candidates’ scripts must be given marks that fairly reflect the relevant knowledge and skills demonstrated. Mark schemes should be read in conjunction with the published question papers and the report on the examination. © OCR 2025

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than requir ed, then all responses are marked and the highest mark allowable within the rubric is given. Enter a mark for each question answere d into RM Assessor, which will select the highest mark from those awarded. (The underlying assumption is that the candidate has penalised themselves by attempting more questions than necessary in the time allowed.)

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Multiple-Choice Question Responses When a multiple-choice question has only a single, correct response and a candidate provides two responses (even if one of these responses is correct), then no mark should be awarded (as it is not possible to determine which was the first response selected by the candidate). When a question requires candidates to select more than one option/multiple options, then local marking arrangements need to ensure consistency of approach. Contradictory Responses When a candidate provides contradictory responses, then no mark should be awarded, even if one of the answers is correct. Short Answer Questions (requiring only a list by way of a response, usually worth only one mark per response) Where candidates are required to provide a set number of short answer responses then only the set number of responses should be marked. The response space should be marked from left to right on each line and then line by line until the required number of r esponses have been considered. The remaining responses should not then be marked. Examiners will have to apply judgement as to whether a ‘second response’ on a line is a development of the ‘first response’, rather than a separate, discrete response. (The underlying assumption is that the candidate is attempting to hedge their bets and therefore getting undue benefit rather than engaging with the question and gi ving the most relevant/correct responses.) Short Answer Questions (requiring a more developed response, worth two or more marks ) If the candidates are required to provide a description of, say, three items or factors and four items or factors are provided, then mark on a similar basis – that is downwards (as it is unlikely in this situation that a candidate will provide more than one response in each section of the response space). Longer Answer Questions (requiring a developed response) Where candidates have provided two (or more) responses to a medium or high tariff question which only required a single (deve loped) response and not crossed out the first response, then only the first response should be marked. Examiners will need to apply professional judgement as to whether the second (or a subsequent) response is a ‘new start’ or simply a poorly expressed continuation of t he first response.

6. Always check the pages (and additional objects if present) at the end of the response in case any answers have been continued there. If the candidate has continued an answer there, then add the annotation ‘SEEN’ to confirm that the work has been seen and mark any responses using the annotations in section 11.

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11. Annotations

Annotation Meaning Highlighter (^) Highlight Noted but limited credit given AO1 worthy of credit AO2 worthy of credit AO3 evaluative point AO3 developed point AO3 well-developed point AO3 very well-developed point Conclusion - where appropriate Relevant case or statutory authority Basic application points at Level 1 Not answered the question or issue Repetition Placeholder Horizontal and vertical wavy line to note irrelevant or incorrect material

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SUBJECT–SPECIFIC MARKING INSTRUCTIONS

Introduction Your first task as an Examiner is to become thoroughly familiar with the material on which the examination depends. You shoul d ensure that you have copies of these materials: ● the specification, especially the assessment objectives ● the question paper and its rubrics ● the mark scheme. You should ensure also that you are familiar with the administrative procedures related to the marking process. These are set out in the OCR booklet Instructions for Examiners. If you are examining for the first time, please read carefully Appendix 5 Introduction to Script Marking: Notes for New Examiners. Please ask for help or guidance whenever you need it. Your first point of contact is your Team Leader. Information and instructions for examiners The co-ordination scripts provide you with examples of the standard of each band. The marks awarded for these scripts will have been agreed by the Team Leaders and will be discussed fully at the Examiners’ Co-ordination Meeting. The specific task-related indicative content for each question will help you to understand how the band descriptors may be applied. However, th is indicative content does not constitute the mark scheme: it is material that candidates might use, grouped according to each assessment objective tested by the question. It is hoped that candidates will respond to questions in a variety of ways. Rigid demands for ‘what must be a good answer’ would lead to a distorted assessment. Candidates’ answers must be relevant to the question. Beware of prepared answers that do not show the candidate’s thought and which have not been adapted to the thrust of the question. Beware also of answers where candidates at tempt to reproduce interpretations and concepts that they have been taught but have only partially understood. Using the Mark Scheme Please study this Mark Scheme carefully. The Mark Scheme is an integral part of the process that begins with the setting of t he question paper and ends with the awarding of grades. Question papers and Mark Schemes are developed in association with each oth er so that issues of differentiation and positive achievement can be addressed from the very start. This Mark Scheme is a working document; it is not exhaustive; it does not provide ‘correct’ answers. The Mark Scheme can only provide ‘best guesses’ about how the question will work out, and it is subject to revision after we have looked at a wide range of scripts.

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Before the Standardisation Meeting, you should read and mark in pencil a number of scripts, in order to gain an impression of the range of responses and achievement that may be expected. Please read carefully all the scripts in your allocation and make every effort to look positively for achievement throughout the ability range. Always be prepared to use the full range of marks. Questions that have an asterisk (*) assess the quality of a candidate’s extended response. Levels descriptors are identified in the AO3 column in italics. Assessment Objectives Three Assessment Objectives are being assessed across the questions: AO1 : Demonstrate knowledge and understanding of the English legal system and legal rules and principles, AO2 : Apply legal rules and principles to given scenarios in order to present a legal argument using appropriate legal terminology, AO3 : Analyse and evaluate legal rules, principles, concepts and issues. For AO2 , there are two elements to the assessment objective: ● Apply legal rules and principles to given scenarios ● Present a legal argument using appropriate legal terminology These two elements should have equal weighting and be awarded jointly according to the guidance given in the level descriptor s and indicative content. For example, to achieve level 4, an answer should include excellent application of legal rules and princi ples and excellent presentation of legal argument. Further guidance will be given in the standardisation meeting when there is an uneven performance across the elements. Levels of Response Questions in this paper are marked using a levels of response grid. When using this grid, examiners must use a best-fit approach. Where there are both strengths and weaknesses in a particular response, particularly imbalanced responses in terms of the assessment obje ctives, examiners must carefully consider which level is the best fit for the performance. Note that candidates can achieve different levels in each assessment objective, for example a Level 3 for AO1, and a Level 2 for AO2. To use these grids: Determine the level: start at the highest level and work down until you reach the level that matches the answer. Determine the mark within the level: consider the following: When there are 2 marks per level Descriptor Award mark On the borderline of this level and the one below At bottom of level Consistently meets the criteria for this level At top of level

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When there are 3 marks per level Descriptor Award mark On the borderline of this level and the one below At bottom of level Meets the criteria but with some slight inconsistency Middle of level Consistently meets the criteria for this level At top of level

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Section A Answer Marks Guidance 1 Describe overruling and reversing. Answers may include: Overruling - this is where a court in a later case makes a decision affecting the legal ruling decided in a different earlier case. It might be that a court higher up in the hierarchy overrules a legal ruling established in a lower court or it might be where a court has the power to overrule one of its own previous legal rulings. Examples of the former include: where the House of Lords in Lister v Hesley Hall overruled the Court of Appeal in Trotman v North Yorkshire County Council or where the House of Lords in R v R overruled the Queen’s Bench Division in R v Miller. Examples of the latter include: where the UKSC (and formerly the House of Lords) use the Practice Statement 1966 (use in UKSC approved under Practice Direction 3 & Austin v Southwark ) to overrule a past legal rule of their own (e.g. Murphy v Brentwood overruled Anns v Merton; R v Shivpuri overruled Anderton v Ryan; Pepper v Hart overruled Davis v Johnson and Knauer v Ministry of Justice overruled Cookson v Knowles/Graham v Dodds. Reversing - this is where a court higher up the hierarchy reverses the decision of a lower court on appeal in the same case. For example, the UKSC may disagree with the Court of Appeal’s decision when the same case gets appealed up to the UKSC. The higher court ‘reverses’ the decision of the lower court. Examples include: Robinson v CCWY, R v Kingston, Sweet v Parsley , Gillick v West Norfolk , Fitzpatrick v Sterling Housing Association Ltd and Barry Jehovah’s Witnesses v BXB. Note that reversing is where a superior court changes the decision or outcome of a lower court. A case is only 'overruled' when the ratio or legal principle in the earlier case was wrong and should not be followed. A new ratio is then set for future cases but the decision or outcome of the earlier case is lef t unaffected.

AO

Use Levels of Response criteria Level 4 (7–8 marks) ● Excellent knowledge and understanding of the English legal system, rules and principles. ● The response is accurate, fully developed and detailed. There will be excellent citation of fully relevant statutes and case law. Level 3 (5–6 marks) ● Good knowledge and understanding of the English legal system, rules and principles. ● The response is detailed, but not fully developed in places. There will be good citation of mostly relevant statutes and case law. Level 2 (3–4 marks) ● Basic knowledge and understanding of the English legal system, rules and principles. ● The response may lack detail in places and is partially developed. There will be some reference to statutes and case law. Level 1 (1–2 marks) ● Limited knowledge and understanding of the English legal system, rules and principles. ● The response will have minimal detail. Citation of statutes and case law is limited. Level 0 (0 marks) No response or no response worthy of

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Credit any other relevant point(s). credit. Levels are accessed based on the completeness of the response. For Level 4 there will be an excellent description of both terms, each supported with case examples.