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Class notes AS Law

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CIE A-Level Law AS case studies and legislation summaries. This document covers all the cases and legislations that are meant to be studied in preparation for Paper 1 - English legal system 9084/1.

Institution
Junior / 11th Grade
Course
AS Law

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Chapter 1


Egerton v Harding The case concerned liability for damage
caused by animals straying onto highways,
with the court examining the responsibilities
of landowners under common law.

New Windsor v Mellor Focused on nuisance law, where the court
addressed the balance between public and
private interests in cases involving
interference with property rights.

Donoghue v Stevenson (1932) Established the modern law of negligence,
introducing the concept of a duty of care
owed to one’s neighbor, which forms the
foundation for personal injury claims.



Chapter 2


Dangerous dogs act 1991

Abortion act 1967 Example of a Private member’s bill

Bail ( Amendment ) Act 1993 Example of Ten minute rule bill

The Parliaments Act 1911 and 1949 Limits the HOL’s powers to rejects a bill and
allow it to become a law despite their
rejection as they arent an elected body and
must refine rather than oppose law

The Hunting Act 2004 Example of when the Parliament Act 1911
and 1949 was used against the House of
Lords


Chapter 3
PACE 1984 An example of an Enabling Act

Civil Contingencies Act 2004 Making laws in emergencies (eg of Orders in
Council)

Misuse of Drugs Act 1971 Eg of Orders in Council

PACE 1984/ Minimum Wage Act Examples of statutory instruments

The Legislative and Regulatory Reform Act Allows government ministers to implement
2006 Statutory Instruments if it will remove or

, reduce a burden resulting from the legislation

Aylesbury Mushroom LTD (1972) A statutory instrument was declared invalid
as the Minister of Labour failed to properly
consult relevant parties, highlighting the
importance of proper consultation when
creating delegated legislation

Fire brigades union (1995) The Home Secretary was found to have
exceeded his powers by altering a
compensation scheme through delegated
legislation, violating the terms of the primary
statute.

Attorney General v Fulham Corporation The local authority exceeded its statutory
(1921) powers by running a commercial laundry
service, illustrating ultra vires, where
delegated legislation exceeds granted
authority.

Wednesbury Corporation (1948) Established the "Wednesbury
unreasonableness" principle, where
delegated legislation can be challenged if it is
so unreasonable that no reasonable authority
could have made it.

Lord Green Lord Greene, in the Wednesbury case, set
the standard for judicial review by stating that
decisions made under delegated legislation
must not be unreasonable or irrational.

R v Swindon NHS Trust (2006) The court found that the NHS Trust’s refusal
to provide a specific drug was irrational under
delegated legislation, applying the
Wednesbury unreasonableness test.

Hayes Borough Council (1896) A case where the court reviewed a decision
of a local authority to ensure that it had not
acted ultra vires (beyond its powers) under
delegated legislation.


Chapter 4


LNER v Berriman (1946) The court took the words ‘relaying’ and ‘repairing’
in their literal meaning and said that oiling points
was maintaining the line and not relaying or
repairing, so that Mrs Berriman’s claim failed.

Written for

Institution
Junior / 11th grade
Course
AS Law
School year
3

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Uploaded on
September 8, 2024
Number of pages
14
Written in
2023/2024
Type
Class notes
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