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Unit 5: Common Law 1 Business Contract 2 of 2 Ms. Doti Chee 6th June 2011

I, __________________________ hereby confirm that this assignment is my own work and not copied or plagiarized from any source. I have referenced the sources from which information is obtained by me for this assignment.

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Unit Outcomes
Outcome Evidence for the criteria Feedback Assessors decision Internal Verification

Describe the nature of general tortious liability comparing and contrasting to contractual liability

Examine the role of the Law of Tort in business activities assessing particular forms of tortious liability (3)

Explain the liability applicable to an occupier of premises

Discuss the nature of employers liability with reference to vicarious liability and health and safety implications

Distinguish strict liability from general tortuous liability

Understand and apply the elements of the Tort of Negligence (4)

Explain and understand the application of the elements of the Tort of Negligence Analyse the practical applications of particular elements of the Tort of Negligence M1 D1 M2 D2

Merit grades awarded Distinction grades awarded

M3 D3


Evidence for the criteria


Assessors decision

Internal Verification

Comments by Assessor - Common Skills


( ) Well-structured; Reference is done properly / should be done (if any) Overall, youve

Areas for improvement:

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1. Managing own roles & responsibilities 2. Manage own time in achieving objectives 3. Undertakes personal and career development 4. Transfer skills gained to new/changing situations & contexts


12. Use information sources 13. Deal with a combination of routine & non-routine tasks 14. Identify & solve routine & non-routine problems


5. Treat others beliefs and opinions with respect 6. Relate & interact effectively with individuals & groups 7. Work effectively as a team member

15. Applying numerical skills and techniques

16. Use a range of technological equipment and systems

8. Receive and respond to a variety of information 9. Present information in a variety of visual forms 10. Communicate in writing 11. Participate in oral & no-verbal communication


17. Applying a range of skills and techniques to develop a variety of ideas in the creation of new / modified products, services or situations 18. Use a range of thought processes

SCENARIO You are employed as a legal executive in a firm of solicitors. A client has come and seeking advice on several claims, which have recently arisen. You are required to write a report for the following claims: Task 1 Describe the nature of general tortuous liability comparing and contrasting to contractual liability. (3 a)

Claim 1: Prime Computers has a few sumptuous fruit trees besides a fence in the factory. The management were aware that children got through a gap in the fence reported the matter to the police but had neither fenced them off nor put up a warning sign. A six year old child died after eating some apples containing poisonous seeds which are obviously not to be consumed. Explain the liability applicable to an occupier of premises (3b)

Claim 2: Peter is the delivery driver of Prime Computers for 3 years. Peter was caught giving lifts to his relatives before and was given notice by the firm forbidding him to give lifts anymore. His best friend, Johnny called Peter to ask for a lift was killed in an accident. Bob works for Prime Computers in the purchasing department for 5 years. Two years ago, Prime Computers introduced a no smoking policy in the office, but have done nothing to enforce it. They are aware that Bob is an asthmatic who has gradually been forced to take more and more time off work because of the effects of tobacco smoke, arising from the fact that 7 of the 10 people employed in the office smoke. Bobs doctor had advised him that he may have to give up work or he might suffer permanent damage from the exposure to so much smoke. In addition, Bob has high blood pressure and this may increase his risk for stroke and heart attacks.

Lydia is employed by Prime Computer as a computer operator. Her main task is word-processing; although she is trained in this, she has had no training in health and safety issues. As a result she spends many hours without a break at the keyboard. Over a period of five years she developed repetitive strain injury which leaves her with a permanent deformity in her hands.

Explain the liability applicable to the staff and discuss the nature of employer liability with reference to vicarious liability and health and safety implications of his employees. (3c)

Task 2 Distinguish strict liability from general tortuous liability with reference to Prime Computers. (3d)

Claim 3: Mr. Winslows second son, Tom received a phone call from the hospital. He was informed that his girlfriend was seriously injured and needed an operation. Accompanied by his father, he speeded along the high street. He ignored his fathers advice to slow down and knocked down a young cyclist before crashing into and damaging the front of a nearby watch shop, 25 Hours. The cyclist, Chris aged 7 was killed in the accident and his mother saw the accident from inside of the watch shop suffered nervous shock. Mr. Winslow, who had not been wearing a seatbelt, suffered facial lacerations and a broken leg. He was taken to hospital, where Dr. Murphy gave him an anti-tetanus injection which unfortunately produced in Winslow an allergic reaction, causing brain damage. Clam 4: While the watch shop, 25 Hours was being repaired, the neighbouring cafe store, Mondi Expresso Bar, suffers a loss of trade because potential customers find it difficult to negotiate the building works surrounding their shop. Related to Claim 3 and 4, you are required to: Explain and apply the various elements of the tort of negligence and analyse the practical applications of breach of duty and remoteness in the given situation (4 a, b)

GRADING Pass Merit is achieved by meeting all the requirements defined in the assessment criteria. Select and apply appropriate techniques (M2)

Characteristics / Possible Evidence Select and apply appropriate legal rules using of various case examples related to tortuous liability and tort of negligence for the given claims. Present and communicate appropriate findings (M3)

Characteristics / Possible Evidence logical development of principles and concepts related tortuous liability and tort of negligence. Present data using a range of case examples to support your explanation. Distinction Take responsibility for managing and organizing activities (D2)

Characteristics / Possible Evidence independence demonstrated and substantial investigation have been planned and organized related to tortuous liability. Demonstrate convergent, lateral and creative thinking (D3) Characteristics / Possible Evidence problem have been solved with evidence of good understanding and innovation and creative thought has been used related to tort of negligence.

Common Skills Grading To achieve a PASS, students answers should display receive and respond to a variety of information, legible and neat written of work, different sources of information used widely and use technological equipment to aid problem solving. To achieve a MERIT, students answers should display clear and appropriate respond to variety of information, legible, clear and neat written of work, clear variety of information sources used and confident in using equipment and gained knowledge from use of equipment. To achieve a DISTINCTION, students answers should display clear understanding, further research undertaken; work is well structured with evidence of planning, wide range of information sources used and willingness to use a variety of equipment to find best solution.

PRESENTATION 1. The assignment should have a cover page that includes the assignment title, assignment number, course title, module title, Lecturer/tutor name and students name. Attach all the pages of assignment brief/cover sheet with your report and leave them blank for official use. 2. Ensure that authenticity declaration has been signed. 3. This is an individual assignment. 4. Content sheet with a list of all headings and page numbers. 5. A fully typed up professionally presented report document. Use 12 point Arial or Times New Roman script. 6. Your assignment should be word-processed and should not exceed from 2,500 to 3,000 words in length.

7. Use the Harvard referencing system. 8. Exhibits/appendices are outside this limit. 9. The assignment should be not contain a bibliography but should contain a list of any references used in the assignment.

NOTES TO STUDENTS FOR SUMMISSION Check carefully the submission date and the instructions given with the assignment. Late assignments will not be accepted. Ensure that you give yourself enough time to complete the assignment by the due date. Do not leave things such as printing to the last minute excuses of this nature will not be accepted for failure to hand-in the work on time. You must take responsibility for managing your own time effectively. If you are unable to hand in your assignment on time and have valid reasons such as illness, you may apply (in writing) for an extension. Failure to achieve a PASS grade will results in a REFERRAL grade being given. Take great care that if you use other peoples work or ideas in your assignment, you properly reference them in your text and any bibliography. NOTE: If you are caught plagiarizing, you could have your grade reduced to zero, or at worst, you could be excluded from the course.