Cambridge International AS & A Level

LAW 9084/42
Paper 4 May/June 2023
MARK SCHEME
Maximum Mark: 75

Published

This mark scheme is published as an aid to teachers and candidates, to indicate the requirements of the
examination. It shows the basis on which Examiners were instructed to award marks. It does not indicate the
details of the discussions that took place at an Examiners’ meeting before marking began, which would have
considered the acceptability of alternative answers.

Mark schemes should be read in conjunction with the question paper and the Principal Examiner Report for
Teachers.

Cambridge International will not enter into discussions about these mark schemes.

Cambridge International is publishing the mark schemes for the May/June 2023 series for most
Cambridge IGCSE, Cambridge International A and AS Level and Cambridge Pre-U components, and some
Cambridge O Level components.

This document consists of 11 printed pages.

© UCLES 2023 [Turn over

9084/42 Cambridge International AS & A Level – Mark Scheme May/June 2023
PUBLISHED

Generic Marking Principles

These general marking principles must be applied by all examiners when marking candidate answers.
They should be applied alongside the specific content of the mark scheme or generic level descriptors
for a question. Each question paper and mark scheme will also comply with these marking principles.

GENERIC MARKING PRINCIPLE 1:

Marks must be awarded in line with:

 the specific content of the mark scheme or the generic level descriptors for the question
 the specific skills defined in the mark scheme or in the generic level descriptors for the question
 the standard of response required by a candidate as exemplified by the standardisation scripts.

GENERIC MARKING PRINCIPLE 2:

Marks awarded are always whole marks (not half marks, or other fractions).

GENERIC MARKING PRINCIPLE 3:

Marks must be awarded positively:

 marks are awarded for correct/valid answers, as defined in the mark scheme. However, credit
is given for valid answers which go beyond the scope of the syllabus and mark scheme,
referring to your Team Leader as appropriate
 marks are awarded when candidates clearly demonstrate what they know and can do
 marks are not deducted for errors
 marks are not deducted for omissions
 answers should only be judged on the quality of spelling, punctuation and grammar when these
features are specifically assessed by the question as indicated by the mark scheme. The
meaning, however, should be unambiguous.

GENERIC MARKING PRINCIPLE 4:

Rules must be applied consistently, e.g. in situations where candidates have not followed
instructions or in the application of generic level descriptors.

GENERIC MARKING PRINCIPLE 5:

Marks should be awarded using the full range of marks defined in the mark scheme for the question
(however; the use of the full mark range may be limited according to the quality of the candidate
responses seen).

GENERIC MARKING PRINCIPLE 6:

Marks awarded are based solely on the requirements as defined in the mark scheme. Marks should
not be awarded with grade thresholds or grade descriptors in mind.

© UCLES 2023 Page 2 of 11

9084/42 Cambridge International AS & A Level – Mark Scheme May/June 2023
PUBLISHED

Social Science-Specific Marking Principles

(for point-based marking)

1 Components using point-based marking:

 Point marking is often used to reward knowledge, understanding and application of skills.
We give credit where the candidate’s answer shows relevant knowledge, understanding
and application of skills in answering the question. We do not give credit where the answer
shows confusion.

From this it follows that we:

a DO credit answers which are worded differently from the mark scheme if they clearly
convey the same meaning (unless the mark scheme requires a specific term)
b DO credit alternative answers/examples which are not written in the mark scheme if they
are correct
c DO credit answers where candidates give more than one correct answer in one
prompt/numbered/scaffolded space where extended writing is required rather than list-type
answers. For example, questions that require n reasons (e.g. State two reasons …).
d DO NOT credit answers simply for using a ‘key term’ unless that is all that is required.
(Check for evidence it is understood and not used wrongly.)
e DO NOT credit answers which are obviously self-contradicting or trying to cover all
possibilities
f DO NOT give further credit for what is effectively repetition of a correct point already
credited unless the language itself is being tested. This applies equally to ‘mirror
statements’ (i.e. polluted/not polluted).
g DO NOT require spellings to be correct, unless this is part of the test. However spellings of
syllabus terms must allow for clear and unambiguous separation from other syllabus terms
with which they may be confused (e.g. Corrasion/Corrosion)

2 Presentation of mark scheme:

 Slashes (/) or the word ‘or’ separate alternative ways of making the same point.
 Semi colons (;) bullet points (•) or figures in brackets (1) separate different points.
 Content in the answer column in brackets is for examiner information/context to clarify the
marking but is not required to earn the mark (except Accounting syllabuses where they
indicate negative numbers).

3 Annotation:
 For point marking, ticks can be used to indicate correct answers and crosses can be used
to indicate wrong answers. There is no direct relationship between ticks and marks. Ticks
have no defined meaning for levels of response marking.
 For levels of response marking, the level awarded should be annotated on the script.
 Other annotations will be used by examiners as agreed during standardisation, and the
meaning will be understood by all examiners who marked that paper.

© UCLES 2023 Page 3 of 11

9084/42 Cambridge International AS & A Level – Mark Scheme May/June 2023
PUBLISHED

Guidance on using levels-based mark schemes

Marking of work should be positive, rewarding achievement where possible, but clearly differentiating
across the whole range of marks, where appropriate.

The marker should look at the work and then make a judgement about which level statement is the
best fit. In practice, work does not always match one level statement precisely so a judgement may
need to be made between two or more level statements.

Once a best-fit level statement has been identified, use the following guidance to decide on a specific
mark:
 If the candidate’s work convincingly meets the level statement, award the highest mark.
 If the candidate’s work adequately meets the level statement, award the most appropriate mark
in the middle of the range (where middle marks are available).
 If the candidate’s work just meets the level statement, award the lowest mark.

Assessment objectives

AO1 Knowledge and understanding

 Demonstrate knowledge and understanding of legal concepts, principles and rules.
 Use statutes, cases, examples and legal terminology.

AO2 Analysis and application

 Analyse legal concepts, principles and rules.
 Apply legal concepts, principles and rules.

AO3 Evaluation
 Evaluate legal concepts, principles and rules.
 Communicate legal argument coherently on the basis of evidence.

© UCLES 2023 Page 4 of 11

9084/42 Cambridge International AS & A Level – Mark Scheme May/June 2023
PUBLISHED

Section A
Table A
Use this table to give marks for each candidate response for Questions 1 and 2.

Level AO1 Knowledge and AO2 Analysis and AO3 Evaluation

understanding application 8 marks
12 marks 5 marks
Description Description Description
4 10–12 marks
 Accurate and detailed in
most relevant areas.
 Thorough knowledge and
understanding of the
most appropriate legal
concepts, principles and
rules, key examples,
cases and/or statutory
authority, and legal
terminology.
3 7–9 marks 4–5 marks 6–8 marks
 Mostly accurate but may  Mostly focused and  Mostly focused and
not be detailed in some reasoned application reasoned evaluation of
relevant areas. throughout. all the relevant issues.
 Good knowledge and  The application is  Effectively supported
understanding of supported by effective by relevant material.
appropriate legal and well developed use  Coherent argument.
concepts, principles and of legal concepts,
rules, examples, cases principles and rules, key
and/or statutory authority, examples, cases and/or
and legal terminology. statutory authority.
2 4–6 marks 2–3 marks 3–5 marks
 Some accuracy but lacks  Some reasoned  Some evaluation,
detail in relevant areas. application. reasoned at times, of
 Some knowledge and  The application is some of the relevant
understanding of mostly supported by some issues.
appropriate legal partially developed use  Supported by some
concepts, principles and of legal concepts, relevant material.
rules, examples, cases principles and rules,  Some coherent
and/or statutory authority, examples, cases and/or argument.
and legal terminology. statutory authority.
1 1–3 marks 1 mark 1–2 marks
 Limited accuracy.  Limited application.  Limited evaluation of a
 Limited knowledge and  The application is relevant issue.
understanding of legal supported by limited use  Limited or no use of
concepts, principles and or makes no use of legal relevant material.
rules, examples, cases concepts, principles and  Limited or no
and/or statutory authority, rules, examples, cases argument.
and legal terminology. and/or statutory
authority.
0 0 marks 0 marks 0 marks
 No creditable content.  No creditable content.  No creditable content.

© UCLES 2023 Page 5 of 11

9084/42 Cambridge International AS & A Level – Mark Scheme May/June 2023
PUBLISHED

Question Answer Marks

1 Advise the parties of their rights, responsibilities and potential 25

remedies.

Use Table A to mark candidate responses to this question.

AO1 out of 12 marks.
AO2 out of 5 marks.
AO3 out of 8 marks.

Indicative content

Responses may include:

Nathan and Maureen – purchase of café:

AO1 Knowledge and understanding

 Identify issue of negligent misstatement.
 Explain elements of a special relationship.
 Explain the rules applicable to a social relationship.
 Explain the element of reasonable reliance.
 Explain standard of care in context of recently qualified accountant and
the requirement of a breach of duty.
 Explain the elements of causation and remoteness.

AO2 Analysis and application and AO3 Evaluation

 Analyse whether the requirements for a special relationship are
satisfied.
 Assess whether duty was breached.
 Assess whether the breach caused the damage.
 Consider possible defences and remedies.

Nathan and Maureen – confrontation:

AO1 Knowledge and understanding

 Identify forms of trespass to the person.
 Explain elements of false imprisonment, assault and battery.
 Identify any relevant defences and possible remedies.

AO2 Analysis and application and AO3 Evaluation

 Analyse whether a false imprisonment has occurred.
 Assess whether an assault was committed.
 Assess whether a battery has occurred.
 Assess the extent of the loss which may be recoverable in this scenario.

Credit all valid responses.

AO1 12

AO2 5

AO3 8

© UCLES 2023 Page 6 of 11

9084/42 Cambridge International AS & A Level – Mark Scheme May/June 2023
PUBLISHED

Question Answer Marks

2 Advise the parties of their rights, responsibilities and potential 25

remedies.

Use Table A to mark candidate responses to this question.

AO1 out of 12 marks.
AO2 out of 5 marks.
AO3 out of 8 marks.

Indicative content

Responses may include:

Barchester University and Clive:

AO1 Knowledge and understanding

 Identify whether parties are occupier and visitor or trespasser.
 Explain the duty owed to visitors under the Occupiers Liability Act 1957
(credit alternative claim under the OLA 1984).
 Explain potential defences of volenti not fit injuria/contributory
negligence.

AO2 Analysis and application and AO3 Evaluation

 Analyse the status of Clive as a visitor or trespasser.
 Assess whether Barchester University is liable for a breach of duty
under the OLA 1957.
 Assess whether Clive consented to the risk or contributed to it.
 Assess which losses are recoverable.

Jim, Eoin and the Security Guard:

AO1 Knowledge and understanding

 Identify the issue as one of trespass to land.
 Explain the elements of direct interference, intention and unlawful entry.
 Explain the defences available for trespass to land.
 Identify possible remedies.

AO2 Analysis and application and AO3 Evaluation

 Analyse the liability of Jim and Eoin for trespass to land.
 Assess whether Eoin is liable for trespass to land arising from being
pushed by Jim.
 Assess whether any defences are available.
 Consider the issue of an appropriate remedy.
 Credit discussion of possible trespass to the person – battery – in
relation to Jim pushing Eoin

Credit all valid responses.

AO1 12

AO2 5

AO3 8

© UCLES 2023 Page 7 of 11

9084/42 Cambridge International AS & A Level – Mark Scheme May/June 2023
PUBLISHED

Section B
Table B
Use this table to give marks for each candidate response for Questions 3, 4 and 5.

Level AO1 Knowledge and AO2 Analysis and AO3 Evaluation

understanding application 8 marks
12 marks 5 marks
Description Description Description
4 10–12 marks
 Accurate and detailed in
most relevant areas.
 Thorough knowledge and
understanding of the
most appropriate legal
concepts, principles and
rules, key examples,
cases and/or statutory
authority, and legal
terminology.
3 7–9 marks 4–5 marks 6–8 marks
 Mostly accurate but may  Mostly focused and  Mostly focused and
not be detailed in some reasoned analysis reasoned evaluation
relevant areas. throughout. of all the relevant
 Good knowledge and  The analysis is issues.
understanding of supported by effective  Effectively supported
appropriate legal and well developed use by relevant material.
concepts, principles and of legal concepts,  Coherent argument.
rules, examples, cases principles and rules, key
and/or statutory authority, examples, cases and/or
and legal terminology. statutory authority.
2 4–6 marks 2–3 marks 3–5 marks
 Some accuracy but lacks  Some reasoned  Some evaluation,
detail in relevant areas. analysis. reasoned at times, of
 Some knowledge and  The analysis is some of the relevant
understanding of mostly supported by some issues.
appropriate legal partially developed use  Supported by some
concepts, principles and of legal concepts, relevant material.
rules, examples, cases principles and rules,  Some coherent
and/or statutory authority, examples, cases and/or argument.
and legal terminology. statutory authority.
1 1–3 marks 1 mark 1–2 marks
 Limited accuracy.  Limited analysis.  Limited evaluation of a
 Limited knowledge and  The analysis is relevant issue.
understanding of legal supported by limited use  Limited or no use of
concepts, principles and or makes no use of relevant material.
rules, examples, cases legal concepts,  Limited or no
and/or statutory authority, principles and rules, argument.
and legal terminology. examples, cases and/or
statutory authority.
0 0 marks 0 marks 0 marks
 No creditable content.  No creditable content.  No creditable content.

© UCLES 2023 Page 8 of 11

9084/42 Cambridge International AS & A Level – Mark Scheme May/June 2023
PUBLISHED

Question Answer Marks

3 To ensure a fair outcome, special considerations must apply to the 25

defence of contributory negligence when the claimant is a child.

Assess the validity of the statement above.

Use Table B to mark candidate responses to this question.

AO1 out of 12 marks.
AO2 out of 5 marks.
AO3 out of 8 marks.

Indicative content

Responses may include:

AO1 Knowledge and understanding

 Identify the scope of contributory negligence as a partial defence.
 Explanation of the elements of contributory negligence.
 Identify torts in which the defence can be used.
 Explanation of the use of subjective factors where the claimant is a
child.
 Explain the approach to apportionment of damages.

AO2 Analysis and application and AO3 Evaluation

 Development of the defence of contributory negligence as a partial
defence
 Analyse the justification for having special rules for child claimants
 Assessment of whether the operation of the defence in relation to child
claimants is fair.

Credit all valid responses.

AO1 12

AO2 5

AO3 8

© UCLES 2023 Page 9 of 11

9084/42 Cambridge International AS & A Level – Mark Scheme May/June 2023
PUBLISHED

Question Answer Marks

4 The rules which determine who can sue or be sued for a private 25
nuisance are unnecessarily strict.

Assess the validity of the statement above.

Use Table B to mark candidate responses to this question.

AO1 out of 12 marks.
AO2 out of 5 marks.
AO3 out of 8 marks.

Indicative content

Responses may include:

AO1 Knowledge and understanding

 Explain the factors required to establish private nuisance.
 The requirement of a proprietary interest in order to sue.
 The position of an owner, a tenant and a visitor in relation to suing for
private nuisance and reference to relevant case law.
 Explanation of the rules relating to who can be sued – those which
create, authorise or adopt a nuisance.

AO2 Analysis and application and AO3 Evaluation

 Evaluate the extent to which some parties impacted by a private
nuisance cannot bring a claim.
 Assess the policy reasons underlying the current approach who can
sue.
 Assess whether the current approach is appropriate.

Credit all valid responses.

AO1 12

AO2 5

AO3 8

© UCLES 2023 Page 10 of 11

9084/42 Cambridge International AS & A Level – Mark Scheme May/June 2023
PUBLISHED

Question Answer Marks

5 The reasonable man test ensures a consistent approach to breach of 25

duty in negligence.

Assess the validity of the statement above.

Use Table B to mark candidate responses to this question.

AO1 out of 12 marks.
AO2 out of 5 marks.
AO3 out of 8 marks.

Indicative content

Responses may include:

AO1 Knowledge and understanding

 Explain the elements required to establish the tort of negligence.
 Explain the meaning of ‘the reasonable man’ with reference to relevant
case law.
 Explain the meaning of an objective test.
 Explain how the test is applied in the context of children, professionals
and learners with reference to relevant case law.
 Explain the factors considered by the courts when determining breach
of duty – magnitude of risk, gravity of potential harm, cost of
precautions and social value of the defendant’s actions.

AO2 Analysis and application and AO3 Evaluation

 Assess the appropriateness of the reasonable man test in modern
society.
 Assess the extent to which the reasonable man test is consistent in its
application.
 Assess whether the test is particularly problematic in relation to specific
categories of defendant such as children, professionals or learners.

AO1 12

AO2 5

AO3 8

© UCLES 2023 Page 11 of 11