LawByLak — Topic 36: Defences and Remedies (OCR H418, Paper 2)

Defences and Remedies is the back half of every tort answer. Once the tort is proved, the marks turn on whether the defendant has a defence and what remedy follows, and Topic 36 drills that spine, tort then defence then remedy, until it is automatic.

It covers every spec point OCR actually tests, written in plain English for Year 13 but cited with the precision an H418 mark scheme expects.

The two defences: contributory negligence, the partial defence under section 1 of the Law Reform (Contributory Negligence) Act 1945, with the two-limb test and just-and-equitable apportionment; and volenti non fit injuria, the complete defence, with the K-V-A requirements, the "knowledge is not consent" line, and the rescuer, employee and motor-passenger limits (including the Road Traffic Act 1988 bar).

The two remedies: compensatory damages, aimed at restitutio in integrum (special and general, pecuniary and non-pecuniary, lump sum and periodical payments, and mitigation); and injunctions, the equitable and discretionary remedy (prohibitory, mandatory, interim and quia timet, the Shelfer criteria, damages in lieu, and the public-interest tension). Plus the part most students miss: how each defence attaches to the tort proved, and the vicarious-liability trap.

Anchored on Sayers v Harlow UDC, Smith v Baker, Froom v Butcher, Nettleship v Weston, Morris v Murray, Shelfer, Kennaway v Thompson, Miller v Jackson and Coventry v Lawrence.

WHAT YOU GET

- The interactive single-file HTML module, the heart of the product: tabbed lessons, worked "advise" problems with annotated Level 4 model answers, flashcards, self-marking quizzes, a 30-second drill, progress tracking, dark mode and adjustable text size and spacing. It runs offline on any device, straight from the file, with no app, login or internet needed.

- A 24-page revision guide (PDF) for focused, linear revision in the final weeks.

- A 3-page cheat sheet (PDF) for last-minute recall: the rules, every case, the critiques and the level targets at a glance.

WHO IT IS FOR

OCR H418 Paper 2 (Law of Tort) students aiming for the top band, whether you are learning the topic for the first time or sharpening exam technique before the paper.

Written by a tutor with a first-class Law degree, a Master's in Law, qualifying as a solicitor, and over 1,000 hours of one-to-one tutoring.

Exam-aligned, informed by examiner reports. LawByLak.co.uk