Actus Reus Evaluation

Question 1

Give an evaluation of statutory duties (3+ and 1-)

Answer 1

+) deemed necessary by parliament
+) motivated by protecting country
+) applies retrospectively
-) based on hypotheticals so unforeseen complications may arise

Question 2

Give an evaluation of judge made laws (2- and 1+)

Answer 2

+) necessary to fill gaps in law
-) breach of separation of powers
-) applies retrospectively

Question 3

Give an evaluation of contract duty (3+ and 1-)

Answer 3

+) D voluntarily agreed - fair
+) disincentive to act carelessly when performing key role
+) can resign or terminate contract
-) may not be aware of extent of duty

Question 4

Give an evaluation of relationship duty (3+ and 1-)

Answer 4

+) needs proximity so duty is clear
+) upholding moral duty
+) aims to protect vulnerable people
-) can be unclear when duty ends

Question 5

Give an evaluation of voluntarily assumed duty (3+ and 4-)

Answer 5

+) prevents caters abandoning their responsibilities
+) mostly voluntarily undertaken
+) sends out message to not offer help unless you can discharge duty
-) unfair to punish people for wanting to help
-) may be initially unclear how much care is needed
-) can deter people from helping
-) hard to end duty

Question 6

Give an evaluation of the public office duty (2+ and 1-)

Answer 6

+) very fair - reliance on people in official positions
+) they chose career
-) public may demand more than law requires (Jordan Lyons)

Question 7

Give an evaluation of creating a dangerous situation duty (3+ and 1-)

Answer 7

+) commons sense that D should take responsibility
+) D only needs to take reasonable steps
+) D may be only person who knows of danger
-) D’s subjective interpretation may result in more damage

Question 8

Give an evaluation of the Good Samaritan law (3+ and 2-)

Answer 8

+) common sense to help people
+) could lessen Vs injuries
+) less strain on NHS
-) difficult to enforce (can open floodgates)
-) can make situation worse