WJEC/Eduqas Law for A level Book 2 Revision Guide

25 Torts connected to land CHAPTER 2 THE LAW OF TORT Revision booster This topic could feature as a scenario-type question testing AO2 application skills. For this type of question, you need to advise someone in relation to the issues, for example on an application of the rules on trespass to land, public and private nuisance, the rule in Rylands v Fletcher or defences. For these longer responses, you should start your answer with an introduction that provides an overview of the topic areas, and end it with a conclusion that ties together the issues based on your application of the evidence. As AO2 is the skill being tested, it is essential to apply the law to the scenario provided, using cases and statutes to support your argument. This topic could also feature as an essay question testing A03 analysis and evaluation skills. Think about the elements of each topic that could warrant a higher mark, more evaluative response. Some possible questions might be as follows: • ‘The tort of private nuisance is ineffective and has little relevance in the modern law of torts.’ Discuss the tort of private nuisance in relation to this statement. • ‘The tort of Rylands v Fletcher is so complex for all the parties concerned that it has become ineffective.’ Discuss the extent to which this statement is accurate. For these longer responses, you should start with an introduction that provides an overview of what the answer is going to discuss and how the main body will progress. It should also provide some brief context, along with an explanation of key terms in relation to the topic or question. Your answer should then follow a logical paragraphed structure with a link back to the question and evidence used to support your answer. Finally, it should have a conclusion that ties together the issues based on the evidence you have presented and with reference to the question. In order to evaluate, you also need to explain what it is you are evaluating. For more on torts connected to land, see pages 26–43 of WJEC/ Eduqas A Level Law Book 2 . LINK Spec spotlight In this section students will develop their knowledge of: Eduqas A Level 2.2.4: Torts connected to land • Trespass to land: unlawful entry, intention, defences of lawful authority, including licence, right of entry • Public nuisance: class of persons, role of Attorney General, when an individual can sue • Private nuisance: unlawful interference / physical damage, interference with health and comfort, unreasonable user, relevance of locality and utility, abnormal sensitivity; duration; effect of malice • Specific defences to nuisance: prescription; statutory authority • Rylands v Fletcher (1868) : dangerous things; accumulation, escape, non-natural user, damage • Specific defences: consent, act of stranger, statutory authority, act of God, default of claimant EDUQAS A-LEVEL