OTHM Level 3 Diploma In Law Assignment Briefs 2026

1.1 Describe the differences between civil and criminal law. 
 
1.2 Describe the organs of the government, European Union and Brexit. 
 
1.3 Differentiate the classifications of the legal system. 
 
1.4 Explain what law is and the impact that it has on society. 

1.5 Examine the differences between common law and statutory law. 

• Introduction into law, historical general development, understanding how the law has developed.
• Equity and how it works in the legal system. 
• Concept of criminal law, civil law, operation and burden of proof/balance of probabilities; comparison between remedies in civil law, punishment, options in criminal law.
• Common law and precedent, development of common law, statutory law; equity and equitable remedies. An overview of the Doctrine of Judicial Precedent, ratio decidendi,obita dictum, avoidance of judicial precedent, including by ‘distinguishing’. 
• The legislature, the executive and the judiciary – the role in the UK Constitution. How all of these fit together and the function they provide. 
• An overview of European Union Law, joining and withdrawal from the union, what this means for European law, influence and impact. 

2.1 Outline the role of the Law Commission.

2.2 Describe what is meant by delegated legislation.

2.3 Explain the formal consultation process.  

2.4 Analyse the different stages involved in creating an Act.  

2.5 Examine the different types of Bill which are created. 

• Green and White papers, formal consultation process. The process the papers go through.
• The role of the Law Commission, how it operates, what it produces, examples of some of the reports.
• Public Bills, Private Bills, Hybrid Bills  - the differences between these and how they operate.
• First Reading, Second Reading, Committee 
  Stage; Report Stage, Third Reading and Royal Assent in the House of Commons and House of Lords.
• The role and purpose of delegated legislation, who this can be delegated to, how it can be delegated, what are the limitations of delegation. 

3.1 Compare the different types of civil courts.  

3.2 Describe the hierarchical structure and types of criminal courts.  

3.3 Explain the appeal processes.

3.4 Analyse the work that civil courts undertake.

3.5 Analyse the work that criminal courts undertake. 

• County Court, High Court, the Court of Appeal and the United Kingdom Supreme Court.
• The different roles within the courts, the function of each court and the jurisdiction of each court. Civil Procedure Rules 1998. 
  Allocation of claims and track system.
• Magistrates Court, Crown Court, the Court of Appeal and the United Kingdom Supreme Court.
• The different roles within the courts, the function of each court and the jurisdiction of each court. Types of offences - summary offences, offences triable either way and offences triable only on indictment.
• Outline of appeals procedure. Civil – options for appeal after each court. Criminal courts – options for appeal after each court. 

4.1 Identify the judges that sit in each court within the hierarchy of law and appointment process.

4.2 Outline the work undertaken by Magistrates.

4.3 Explain the role of Juries in the legal profession.

4.4 Explain the training required to become a barrister and the role a barrister plays in the legal profession.    

4.5 Analyse the ethical responsibilities of the legal profession.

• Types: Justices of the Supreme Court, Lords Justices of Appeal, High Court Judges, Circuit judges, Recorders and District judges.
• Judicial appointments and training.  
• Academic stage, the Bar Course Aptitude 
  Test, Vocational stage, and the Bar Professional Training Course, Call to the Bar, Pupillage, the Inns of Court.
• Degree SQE1 SQE 2 (LPC historically), role 
  – rights of audience, SRA, practice, Office for Legal Complaints, Legal Ombudsman, Legal Services Board.
• Legal ethics of a solicitor and a barrister, the ‘cab rank’ rule. Judges and ethics. Ethical standards of the oversight boards such as SRA.
• Magistrates, the function they serve in courts, types, appointment process.
• Juries Act 1974, appointment, selection, eligibility, secrecy, role of the jury. 

●    Contract – agreement, obligations, enforcement under law 
●    Identifying parties to a contract 
●    Making an offer; Communicating an offer; Accepting an offer; Communicating acceptance of an offer; Carlill v Carbolic Smoke Ball Co (1893). 
●    Invitation to treat and offer - Pharmaceutical Society of Great Britain v Boots Cash Chemists (Southern) Ltd (1953). 

●    The postal rule and exceptions to the rule  Adams v Lindsell (1818). 
●    Electronic acceptance and the postal rule. 
●    Revocation of an offer. 
●    Withdrawing acceptance before offer or receipt of acceptance. 
●    Counteroffer - destroying original offer: Hyde v Wrench (1840). 
●    Privity of contract. 
●    Consideration – e.g., Dunlop v Selfridge (1915). 
●    Promissory estoppel. 
●    Intention to create legal relations. 
●    Rebutting the presumption to create legal relations in social/domestic relations e.g. Jones v Padavatton (1969). 
●    Honour clauses in business relations.    

●    Representation and what factors the court take into consideration in deciding if it would fall as representation or a term. 
●    Express terms and methods of incorporation 
e.g. L’Estrange v Graucob (1934). 
●    Terms implied by custom, trade, and usage. 
 
Conditions - Poussard v Spiers & Pond (1876), warranties, and innominate terms - Hong Kong Fir Shipping v Kawasaki Kisen Kaisha (1962). 
Discharge of remaining contractual duties on breach of terms. 
●    Exclusion clauses, limitation clauses and operation of these in business. 

Common law incorporation of exclusion clauses.  

Statutory governance of exclusion clauses, Unfair Contract Terms Act 1977, Consumer Rights Act 2015. 

• Criminal conduct as an act against the state.
• The presumption of innocence and the standard of proof in a criminal court.
• Both actus reus and mens rea must be proven beyond a reasonable doubt for any criminal conviction.
• Actus reus - guilty act; all the elements of the offence other than the mens rea.
• Actus reus - voluntary and involuntary acts, liability for omissions where a legal duty of care exists. 
  Actus reus - factual and legal causation, novus actus interveniens, third party breaks in chain of causation.
• Mens rea, guilty mind- the defendant must intend the consequences of his act, intention requires a high degree of fault to be proven. 
  Subjective recklessness, negligence and gross negligence, coincidence of actus reus and mens rea.
• Strict liability offences as an exception to the actus reus and mens rea requirements. 
  Strict liability where the court will, and will not, presume mens rea. 

• Common law assault and battery occasioning actual bodily harm.
• Offences Against the Person Act 1861, assault and battery occasioning actual bodily harm, unlawful and malicious wounding or causing grievous bodily harm with intent. 
• Homicide – unlawful killing of a human being, causation in law and causation in fact – thin skull rule and breaking the chain of causation (Pagett (1983) and Blaue (1975)) Medical intervention Cheshire (1991).
• Common law offence of murder.
• Loss of control. 

• Intoxication.

Voluntary and involuntary intoxication.  Classification of offences - specific intent or basic intent. 
Voluntary intoxication eg: Gallagher (1963), Majewski (1976).

• Involuntary intoxication; Kingston (1994). 
  Duress – threats Hasan (2005) - Re A (2000) Dudley and Stephens (1884), Pommell (1995), Pipe v DPP (2012).
• Threats of death or serious injury.
• Mistake as to fact not law. 
  Self-defence – reasonable force,
• proportionality, assisting others and prevention of crime.  
• Strict liability and how this works in criminal law. 

• An introduction to employment law including its judicial and administrative structure, sources and materials.
• Define employee - Employment Rights Act. 
• (ERA) 1996: Protected by all employment protection legislation.
• Workers - broad definition granting eligibility for protection/rights under anti-discrimination legislation Working Time/Minimum Wage

legislation – exclusion from - right not to be  unfairly dismissed/redundancy.

• Agency Workers Regulations 2010.
• IR35.
• Control test, Integration test, Multiple test.
• Pimlico Plumbers Ltd v Smith (2018).
• Ready Mixed Concrete (Southeast) Ltd v Minister of Pensions (1968).
• Independent contractors.
• Differences – tax, rights, protection, acceptance of work.
• Rights duties and obligations.
• Formation of contract of employment, express and implied terms.
• Duties of employee and employer.
• Fundamental breach.

• Contracts of employment may be oral or written:

(s.230(2) ERA 1996).

• Formation of contract of employment, express and implied terms.
• Statute: Working Time Regs 1998 National Minimum Wage Act 1998.
• Duties of employee and employer.
• Common law implied terms. 

Employer – duty to provide work & pay, duty of mutual trust & confidence, duty to provide a safe working environment.

Employee - duty of obedience, personal  
service, good faith/fidelity, mutual duty of trust and confidence. s1-3 ERA 

3.1 Define the types of protected characteristics and discrimination detailed in the Equality Act 2010. 

3.2 Explain the provisions and defences on equal pay under the Equality Act 2010.  
 
3.3 Explain the types of disability discrimination contained in the Equality Act 2010. 
 
3.4 Analyse the legal consequences following a breach of discrimination legislation. 

• discrimination, sexual orientation, pregnancy and maternity.
• EU and Equal Pay, equality clause, claiming equality, Equality Act 2010, equal value, remedies.
• Equality – Equality Act 2010.
• Gender pay gap, Executive pay ratio reporting:  
• Disability discrimination i.e: o Direct discrimination o Indirect discrimination o Harassment  o Victimisation 

• Termination by both parties - mutual consent. 
• Resignations. notice periods included as express terms in  contracts (s.86 ERA 1996); 
• Dismissal - 5.2 S.95 ERA 1996 outlines 3 situations: Termination by employer, Expiry of fixed term contract, Termination by employee in circumstances where employee is entitled to terminate.
• Wrongful dismissal - must be a dismissal without notice and that the employee must not have given grounds for a repudiation of the contract by the employer. 
• s.86 ERA 1996.
• Remedies for wrongful dismissal-reinstatement, re-engagement and financial award consisting of the basic award and the compensatory award.
• Unfair dismissal - Preliminary requirements: 

Employee with two years continuous service (s.108 ERA 1996) when continuity of employment is not broken s212(3); and not an excluded category.

• The claim is brought in time; the employee must have been dismissed; effective date of termination s97 ERA 1996.
• Fair dismissal - S.98(2) ERA 1996: capability, conduct, redundancy, illegality, statutory restriction, some other substantial reason. 

• Overview of the purpose of tort law and the historical development of this area.  
• Description of common law and statutory.  
•  example of torts such as: nuisance; trespass (to land, goods and the person); defamation; breach of statutory duty under the Occupier’s Liability Acts 1957 and 1984; etc.
• Negligence is a non-contractual civil wrong.
• The connection between tort, contract law and criminal law.
• Function of tort law within society and the mechanism behind damages and compensation.
• Duty of care: D owed a duty of care to the claimant, D’s breach caused the damage, the damage suffered by the claimant was not too remote. 

2.1 Define the tests governing duty of care in negligence. 
 
2.3 Define the current law relating to duty of care in cases of psychiatric harm. 
 
2.3 Describe the standard test for breach of duty. 
 
2.4 Explain the meaning of public policy in the context of duty of care in negligence. 
 
2.5 Explain the breaks in the chain of causation. 
 
2.6 Explain the requirement of reasonable  foreseeability. 
 
2.7 Analyse causation and the legal tests that are needed. 

• Duty of care tests.  
• Established/recognised duty situations, e.g. between doctor and patient.  
• Neighbour Test – Donoghue v Stevenson (1932).  
• Three-stage Test – Caparo v Dickman (1990). Reasonable foreseeability - Haley v  London Electricity Board (1965). s.1 Compensation Act 2006.
• Consideration of how public policy issues affect the liability of the emergency services - Hill v CC of W Yorkshire (1988). Osman v UK (1998).
• Consideration of how public policy issues affect the liability of local authorities.  
• Poole BC v GN (2019), The ‘floodgates’ argument. The ‘rescuer’ situation.  
• Psychiatric harm (also known as nervous.  
  shock), Bourhill v Young (1942), Alcock & Ors v CC of S Yorkshire Police (1992).  
• Nature and quality of harm suffered.
• Primary and secondary victims.  
• The standard (basic) ‘reasonable man’ test; the test is objective. Blyth v Birmingham Waterworks Co (1856).
• Reasonable foreseeability of harm at the time, Roe v Minister of Health (1954) Standard of care expected of a defendant exercising a particular skill. Nettleship v Weston (1971) Bolam v Friern Hospital Management Committee (1957), Bolitho v City and Hackney Health Authority (1997).  
• Causal link.  
• (a) a factual link between the Defendant’s breach of duty of care and the harm suffered by the Claimant; and
• (b) the type harm suffered by the Claimant must not be too remote in law if the claim is to be successful.
• The ‘but for’ test. Barnett v Chelsea & 
  Kensington HMC (1969) The ‘material increase in risk’ test. Quantification of risk.  
• Multiple causes of harm. Wilsher v Essex AHA (1986). Multiple tortfeasors.  
• New intervening acts  McKew v Holland (1969)
• The effect of negligent medical treatment on the chain of causation. Foreseeability of type of injury. The Wagon Mound (No 1)(1961).
• The ‘thin-skull’ rule.

3.1 Define vicarious liability. 
 

3.2 Explain the elements needed to establish vicarious liability.  

3.3 Analyse the tests for identifying employment status. 

• Definition of the doctrine:  
• Liability for acts of third parties.  
• The effect of vicarious liability.
• The three requirements for establishing vicarious liability: a) Is it a tort? b) Is it committed by an employee? c) Is it committed in the course of  employment?
• The tests for identifying employment status:
• Yewens v Noakes (1880).  
• Multiple test. Ready Mixed Concrete (SE) v MPNI (1968).  
• Position of casual, temporary, agency workers & priests etc; mutuality of obligation; personal service. A relationship ‘akin to employment’:  Barclays Bank plc v Various Claimants (2020). Carmichael v National Power (1999), English Province of Our Lady Charity (2011).  
• Need for tort to be committed in “course  of employment.” Gravil v Carroll & Anor (2008).
• Development of close connection test Mohamud v WM Morrison (2016), WM Morrison v Various  Claimants (2020). 

• Contributory negligence - partial defence.  
  ‘Volenti non fit injuria’.
• Ex Turpi Causa - a bar to an action, based on illegality.  
• Henderson v Dorset Healthcare University NHS Foundation Trust [2020].
• Definition & explanation, knowledge of risk; exercise of free choice; voluntary acceptance of risk; rescuers; spectators at sports, participants in hazardous activities.  
• s.149 Road Traffic Act 1988 in relation to claims by passengers in road vehicles.
• Law reform (Contributory Negligence) Act 1945.  
• proportionate reduction in damages; Claimant places himself in dangerous position; Claimant increases amount of harm; Claimant places himself in a position where likely to suffer harm
• Situations where the court is reluctant to find contributory negligence: children, employees, rescuers, dilemma principle.  
• Nature and purpose of limitation periods. Limitation Act 1980; General limitation period in tort; Limitation period in personal injury cases; Exclusion attempts to restrict/exclude liability for death or personal injury - subject to s.65.
• Consumer Rights Act 2015.
• Unfair Contract Terms Act 1977 (UCTA 1977). 

• Researching All England Law Reports and locating case law.
• How to cite legal reasoning within case law
• Knowledge of available websites, eg: Westlaw, OPSI, Lexis Nexis.
• Explain the headnote in the case report and how it summarises the case.
• Understand the structure of a case including the reasoning, the facts, ratio decidendi and obiter dictum.
• Understand how a case can be overruled or followed by other courts.
• The hierarchy of the courts in following and case law precedent. 

• Knowledge of available websites, eg: Westlaw, OPSI, LexisNexis.
• Understand the structure of a statute, sections schedules, categorisation of information in the statute.
• Understand how to use the interpretation section of the statute to check for the meaning of words/phrases. 
• Understand that words might have their definitions located in other places aside from the interpretation section eg: in other statutes, in statutory instruments, etc.
• Identifying where in the statute the initial purpose of the statute is located, eg: a purpose section at the beginning of the statute. 
• Understand the issues and problems that the statute was designed to address. 
• Identify explanatory notes and using these along with other information to explain why the statute was created.

Planning and structuring legal essays.  How to approach a problem/issue spotting or scenario- based question using the Identify Define Explain Apply (IDEA) approach/other approaches.  
How to identify legal issues in a problem question.

• How to use legal citation in answering legal assessments.
• Using legal dictionaries and academic textbooks
• Report structures and report writing
• How to use quotations to support legal ideas and arguments.  
• Using the Harvard/OSCOLA Referencing system  
• Using Turnitin.
• Reading the similarity index and acceptable similarity scores based on the assessment level and type.   

• Identify their own personal learning journey.
• Identify their skills development. 
• Identify personal skills and qualities, personal Skills for academic work (time management, initiative, flexibility, responding positively, to change and feedback).  Strengths and weaknesses. 
• Action plan: for academic development, for personal development.