Tom, an architect, entered into a contract with Jerry to construct a double storey house for £200,000 on a piece of land that Jerry had inherited from his grandmother. They agreed that the house should be built by the 31st September. Tom engaged Rachel to carry out all the plastering work by the 21st September. Rachel had completed about half the work when she informed Tom that she had underestimated the time the job would take and that she would in all likelihood finish the plastering on the 2nd October. Tom offers to pay Rachel an extra 30% of the agreed price and suggests that she employs a plasterer to help her with the work. Rachel asks Beatrice to help her and as a result the plastering is completed on the 21st September. Jerry has informed Tom that his investments are doing badly and that he will not be able to pay Tom the price they agreed. Tom takes the £190,000 that Jerry offers him, nodding when Jerry says that that this is ‘in full settlement’ of the price. Jerry has in fact been investing in more shares and Tom has asked Jerry to pay the remainder of the price. Meanwhile Tom has refused to pay Rachel the extra 30% of the agreed price for the plastering. Benedict, a fine arts student, obtained Jerry’s permission to carve a piece of rock in one corner of Jerry’s property while the building work was going on. On seeing the finished carving, Jerry promised to reward Benedict with £700 ‘to help him out with his tuition fees’. Benedict is still awaiting payment from Jerry. Advise Jerry, Rachel and Benedict. SOAS, University of London, 1st year LLB Criminal Law

CRIMINAL LAW CASE STUDY Sara was teaching her husband, Tom to drive but he was a slow learner frequently subjected to excessive criticism by Sara and there were numerous arguments between them. During the course of a lesson, Sara suggested to Tom that he was not using the clutch properly. Tom made no reply but, a few minutes later, suddenly steered the car off the road into a ditch….Analyse the facts above to show whether and how Tom may be guilty of Sara’s murder. How might he seek to reduce his liability for her death? (b) (i) Explain the elements of the different forms of “involuntary” manslaughter (ii) Consider whether Tom is guilty of the manslaughter of Walter, examining any arguments which may be raised in Tom’s favour.

CRIMINAL LAW CASE STUDY Ann’s husband and children were killed in a fire two years ago. Since that time, Ann had experienced severe bouts of anxiety and depression for which she was received medical treatment…..Subsequently, she drove the car for about a mile and stopped it by some waste-land on which a number of children including Howard were playing. In a complete daze, she walked away leaving the engine running. Howard got into the car and crashed it into a wall whilst attempting to drive it. He later died from his injuries. (a) Discuss the liability of Ann for the murder of Barbara. (b) Discuss the liability of Ann for the manslaughter of Howard.