BTEC : HND

Title Assignment No. Assignment Title Assignment Due Date

Common Law 04 Tort of Negligence Please refer to Assessment Schedule

Assignment Brief:
The Assignment tests the understanding of Tort of Negligence and its implication in real life scenarios. Students are required to discuss, explain and draw conclusions related to the case study provided. Assignment Task / Description:

Q 1. Explain and analyse the practical implication of tort of negligence with regards to the following case. Also write a note on the tortuous liability for both the parties in the case. Ella Cassidy of Bowling Green, Ohio, was in the passenger seat of her grandson's car when she was severely burned by McDonalds' coffee in February 1992. Ella, 79 at the time, ordered coffee that was served in a Styrofoam cup at the drive through window of a local McDonalds. After receiving the order, the grandson pulled his car forward and stopped momentarily so that Ella could add cream and sugar to her coffee. (Critics of civil justice, who have pounced on this case, often charge that Ella was driving the car or that the vehicle was in motion when she spilled the coffee; neither is true.) Ella placedthe cup between her knees and attempted to remove the plastic lid from the cup. As she removed the lid, the entire contents of the cup spilled into her lap. The sweatpants Ella was wearing absorbed the coffee and held it next to her skin. A vascular surgeon determined that Ella suffered full thickness burns (or third-degree burns) over 6 percent of her body, including her inner thighs, perineum, buttocks, and genital and groin areas. She was hospitalized for eight days, during which time she underwent skin grafting. Ella, who also underwent debridement treatments. Q 2. Write a note on elements of Tort of Negligence.

Assessment Criteria:
The student will be awarded a PASS grade if he/she explain and understand the application of the elements of the Tort of Negligence analysis the practical applications of particular elements of the Tort of Negligence The student will achieve a MERIT if he/she along with the criteria for PASS; Further expiation of Tort of Negligence and the particular implication is shown in various situations. The report is based a comparison of previous case of Tort of Negligence A student will be awarded a DISTINCTION if he/she along with the criteria for MERIT; DISTINCTION

PASS

MERIT

Research on other similar cases have been made and have compared and contrasted the findings. Present your findings in shape of a present ion

Learning Outcome/s achieved in the assignment:

By completing this assignment successfully, the student will achieve the following learning outcome :4. Understand and apply the elements of the Tort of Negligence 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