Cambridge AS & A Level Law 9084/42 is the May/June 2026 Paper 4 (Law of Tort), variant 2. It is an A Level component that lasts 1 hour 30 minutes, is worth 75 marks and is sat by full A Level candidates. You answer three questions: one of two problem scenarios in Section A and two of three essays in Section B, each worth 25 marks. Every question is marked the same way, with knowledge (AO1) worth 12 of the 25. This guide goes through every question and shows what the official mark scheme credited. The paper and its mark scheme are free on the Tutopiya Learning Portal.

For an overview of all four 9084 papers from this series, see A Level Law 9084 May/June 2026 past papers: what came up and how it was marked.

9084/42 at a glance

Rubric: answer one question from Section A and two questions from Section B, three questions in total.

Question	Section	Type	Topic	Marks
1	A (either)	Problem	A misdiagnosis and unsuitable medication by a newly qualified hospital specialist: negligence and vicarious liability	25
2	A (or)	Problem	A garden fire ignites stored fireworks, damaging two neighbours’ homes: Rylands v Fletcher, with private nuisance or negligence as alternatives	25
3	B (choose two)	Essay	The importance of intention in trespass to the person	25
4	B (choose two)	Essay	Should volenti non fit injuria never succeed against employees at work?	25
5	B (choose two)	Essay	Can non-pecuniary damages be calculated accurately?	25
			Total answered (one from Section A + two from Section B)	75

Question-by-question walkthrough

How every question is marked

Each assessment objective is marked separately on its own grid, and the three marks are added:

• AO1 Knowledge and understanding, out of 12. Level 4 (10–12) is accurate and detailed in most relevant areas, with thorough knowledge of the key legal rules, cases and terminology. Level 3 (7–9) is mostly accurate but thin in places, Level 2 (4–6) has some accuracy but lacks detail, and Level 1 (1–3) is limited.
• AO2 Analysis and application, out of 5. The top level (4–5) needs focused, reasoned application (in the problems) or analysis (in the essays) throughout, supported by well-developed use of rules and cases. 2–3 is some reasoned application or analysis; 1 is limited.
• AO3 Evaluation, out of 8. The top level (6–8) needs reasoned evaluation of all the relevant issues, supported by relevant material, with a coherent argument. 3–5 is some evaluation, reasoned at times, of some issues; 1–2 is limited.

The mark scheme for this paper sets out the issues to cover rather than a list of cases, and credits all valid responses. Because the AO1 descriptors reward key cases and legal terminology, back each element with the authorities you have learned.

Section A: the problem questions

Question 1: John, Doctor Green and the hospital (25 marks)

Doctor Green, a recently qualified specialist at Barchester Hospital, read John’s test results as showing cancer and treated him for a year with strong medication. The exhaustion forced John to leave his university course and his part-time job. Later tests by senior doctors showed he never had cancer, and the unsuitable medication had given him a serious heart condition.

The mark scheme splits the answer into two torts:

• Negligence (John against Doctor Green). AO1: identify negligence and explain its elements, namely duty of care, breach, causation and remoteness, then the standard of care expected of a recently qualified specialist, and damages as the remedy. AO2 and AO3: analyse whether a duty is owed, whether Doctor Green met the required standard, whether causation can be established, whether the damage is too remote, and which of John’s losses could be compensated, such as the heart condition, the lost course and the lost job.
• Vicarious liability (John against the hospital). AO1: explain what vicarious liability means, the requirement of a contract of employment, the requirement that the tort happened in the course of employment, and what a finding of vicarious liability means for the claimant and the defendant. AO2 and AO3: analyse whether Doctor Green is an employee, whether he was acting in the course of his employment, and whether the hospital can therefore be held vicariously liable.

The specific point to address is Doctor Green’s inexperience: the mark scheme expects you to explain what standard of care applies to a newly qualified specialist, not just to say he was careless.

Question 2: Maya, Bob and the fireworks (25 marks)

Maya stored a large box of fireworks in her garden shed for a party. Bob lit a small bonfire of garden rubbish and went inside; sparks blew onto the shed and set it alight. Smoke from the shed fire covered the curtains and furniture in Sabrina’s house next door with soot and left a smell of smoke for weeks, and a firework set off by the fire exploded on the roof of Alex’s house nearby, causing serious damage.

• Sabrina: AO1 is identifying Rylands v Fletcher, explaining its elements and what counts as an escape. The analysis the mark scheme wants is whether the smoke is an escape and whether that escape is connected to the dangerous thing accumulated (the fireworks), then which remedy might be awarded and which losses are recoverable. Private nuisance or negligence were credited as alternative approaches for Sabrina.
• Alex: AO1 is identifying Rylands v Fletcher and explaining all its elements: accumulation, non-natural use, the likelihood of damage if the thing escapes, escape and damage. You also need the requirement that the defendant controls the land, possible defences (the mark scheme names act of God), and damages and recoverable losses. AO2 and AO3: analyse each element in turn on the facts, whether the fireworks are dangerous, whether act of God could apply, and which losses Alex can recover. Negligence or private nuisance were again credited as alternatives.

Deal with the two neighbours separately and reach a conclusion for each. For Sabrina, the mark scheme’s analysis starts with whether smoke from the shed fire is an escape connected to the fireworks at all; for Alex, it works through every element in turn.

Section B: the essays (choose two)

Question 3: intention in trespass to the person (25 marks)

• AO1: outline what the tort of trespass to the person protects; explain its three forms, assault, battery and false imprisonment; explain the intention required for each, with case law; and explain the relevance of hostility to battery.
• AO2 and AO3: analyse the role of intention in assault, in battery and in false imprisonment in turn, then evaluate how important intention really is across the tort as a whole.

Question 4: volenti and employees (25 marks)

• AO1: explain what volenti non fit injuria means; its essential element, a voluntary assumption of the risk of harm; the requirement that the claimant fully knew and understood the risk; and how the defence has been applied to employees, with case law.
• AO2 and AO3: analyse the test for full knowledge and understanding of the risk, the particular problems of using volenti at work, and the courts’ approach to the defence in employee cases, then evaluate whether the rules are consistent and fair. That evaluation is how you test the statement “should never succeed”.

Question 5: non-pecuniary damages (25 marks)

• AO1: identify damages as a common law remedy and explain their aim in tort; the split between compensatory and non-compensatory damages; the two types of compensatory damages, pecuniary and non-pecuniary; the non-pecuniary losses (pain and suffering, loss of amenity, psychiatric harm and future losses); and how courts calculate them.
• AO2 and AO3: analyse the purpose of compensatory damages in light of the aims of tort, then the difficulty of putting a figure on pain and suffering, on loss of amenity and on future losses, and evaluate whether those difficulties lead to over- or under-compensation.

Where the marks are on 9084/42

By assessment objective, across the three questions you answer:

Assessment objective	Per question	Across three questions
AO1 Knowledge and understanding	12	36
AO2 Analysis and application	5	15
AO3 Evaluation	8	24
Total	25	75

• AO1 is nearly half the paper. Explaining each element of the tort or defence accurately, with authority, is where most marks sit.
• AO3 is worth more than AO2. In the problems, that means weighing each element and reaching a conclusion for each party; in the essays, a clear argument for or against the statement.
• Both problems have two parts. Question 1 needs negligence and vicarious liability; Question 2 needs both neighbours. An answer that covers only one half cannot be accurate and detailed in most relevant areas.

How to self-mark 9084/42 with the mark scheme

1. Tick off the mark scheme’s issues. Each question lists what to explain (AO1) and what to analyse or evaluate (AO2 and AO3). Check every bullet against your answer.
2. Give AO1 a mark out of 12. If you explained each element and backed it with authority, you are in Level 3 or 4. Missing an element, such as remoteness in Question 1 or control of the land in Question 2, holds you lower.
3. Give AO2 a mark out of 5. In a problem, every element needs to be applied to a named fact. In an essay, each rule needs analysing, not just stating.
4. Give AO3 a mark out of 8. The top level needs evaluation of all the relevant issues and a coherent argument, so check you have a reasoned conclusion for each party or a clear answer to the essay statement.
5. Place each mark within its level. Top of the level if you meet it convincingly, middle if adequately, bottom if only just. Then add the three marks.

Sit 9084/42 as a timed mock

You have 90 minutes for three 25-mark answers, about 26 minutes each with time to plan and check.

Block	Marks	Time
Read the paper, choose and plan your three questions	–	6 minutes
Section A problem	25	26 minutes
First Section B essay	25	26 minutes
Second Section B essay	25	26 minutes
Check conclusions and that every party is covered	–	6 minutes

For the problem, list the parties and the tort that links each pair before you write. For each essay, write your one-sentence answer to the statement first, then build the evaluation towards it.

Other May/June 2026 9084 papers

• 9084 Paper 12 (English Legal System)
• 9084 Paper 22 (Criminal Law)
• 9084 Paper 32 (Law of Contract)

Practise and download

• Download 9084/42 and its mark scheme on the Learning Portal →
• All 9084 May/June 2026 papers: overview and marking patterns
• Try a free A Level Law quiz

Need help with a 9084 topic? Book a free trial lesson with an A Level Law tutor →

Frequently asked questions

How many questions do you answer on 9084 Paper 42 May/June 2026? +

Three. You answer one of the two problem questions in Section A and two of the three essays in Section B. Each is worth 25 marks, so the paper is out of 75 and lasts 1 hour 30 minutes.

What did the 9084/42 mark scheme want for the John and Doctor Green problem? +

Negligence against Doctor Green, covering duty of care, breach, causation and remoteness, with the standard of care expected of a recently qualified specialist, and the damages John could recover. Then vicarious liability: whether Doctor Green is an employee acting in the course of employment, so that the hospital is liable.

Which tort did 9084/42 Question 2 test? +

Rylands v Fletcher, for both neighbours. For Sabrina the key issue was whether smoke from the shed fire counts as an escape connected to the fireworks; for Alex, all the elements, control of the land, the defence of act of God and recoverable losses. Private nuisance or negligence were credited as alternative approaches.

How are the 25-mark questions on 9084/42 marked? +

Each assessment objective is marked on its own grid: AO1 knowledge out of 12, AO2 analysis and application out of 5, and AO3 evaluation out of 8. The same split applies to the problems and the essays.

What were the 9084/42 essay questions in 2026? +

Question 3 asked how important intention is in trespass to the person. Question 4 asked whether volenti non fit injuria should never succeed against an employee at work. Question 5 asked whether non-pecuniary damages can be calculated accurately.

Where can I download 9084/42 May/June 2026 and its mark scheme? +

Both are free to download and print on the Tutopiya Learning Portal, on the Cambridge AS & A Level Law 9084 past papers page.

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