This question requires candidates to consider the concept of duty of care in the tort of negligence. Part (a) refers to the existence of such a duty and part (b) to the standard of the duty owed.

(a) 
4–5 marks Thorough explanation of the meaning of duty of care with appropriate references to cases.
2–3 marks Reasonable on duty of care but perhaps lacking in detail or cases authority.
1 mark Unbalanced answer, lacking in detailed understanding.
0 marks No understanding of the concept.

(b) 
4–5 marks Full understanding and explanation of the topic. It is likely that cases will be cited as authority although examples will be acceptable as an alternative.
2–3 marks Some knowledge of the topic but lacking in detail.
1 mark Unbalanced answer, lacking in detailed understanding.
0 marks No understanding of the concept.