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ASSIGNMENT COVER SHEET
NAME OF STUDENT REGISTRATION NO. UNIT TITLE ASSIGNMENT TITLE ASSIGNMENT NO NAME OF ASSESSOR SUBMISSION DEADLINE
Unit 5: Common Law 1 Business Contract 2 of 2 Maria Carmen L. Vidal 4 June 2012
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.
---------------------------------------------------------------------------------------------------------------FOR OFFICIAL USE (Course Administrator) Assignment Received By: Date:
Unit Outcomes Outcome Evidence for the criteria Feedback Assessor’s decision First attempt Rework Rework Internal Verification (a) 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) (b) Explain the liability applicable to an occupier of premises (c) Discuss the nature of employer’s liability with reference to vicarious liability and health and safety implications (d) Distinguish strict liability from general tortious liability Understand and apply the elements of the Tort of Negligence (4) (a) Explain and understand the application of the elements of the Tort of Negligence (b) Analyse the practical applications of particular elements of the Tort of Negligence M1 D1 M2 D2 M3 D3 Merit grades awarded Distinction grades awarded 2 .
........ Work effectively as a team member E....................... Receive and respond to a variety of information 9........ Communicate in writing 11........................ DATE / / (Oral feedback was also provided) STUDENT SIGNATURE NAME : ........................ Deal with a combination of routine & non-routine tasks 14.... APPLYING NUMERACY 15..... services or situations 18.. FOR INTERNAL USE ONLY VERIFIED YES NO DATE : ...... COMMUNICATING 8......... MANAGING & DEVELOPING SELF 1. WORKING WITH & RELATING TO OTHERS 5........ Reference is done properly / should be done (if any) Overall......................... Present information in a variety of visual forms 10.................. Transfer skills gained to new/changing situations & contexts D...... Use information sources 13....... Relate & interact effectively with individuals & groups 7........Common Skills A B C D E F G Assignment ( ) Well-structured.......................................Outcome Evidence for the criteria Feedback Assessor’s decision Internal Verification Comments by Assessor ................... Applying numerical skills and techniques F. DATE / / VERIFIED BY : ...... NAME : ........ Treat others beliefs and opinions with respect 6................ you’ve Areas for improvement: ASSESSOR SIGNATURE NAME: ... Participate in oral & no-verbal communication G................. Manage own time in achieving objectives 3............. COMMON SKILLS & COMPETENCIES ASSESSED (indicated by X) A............. Undertakes personal and career development 4...... APPLYING DESIGN AND CREATIVITY X 17....... APPLYING TECHNOLOGY 16...... Identify & solve routine & non-routine problems X B... Applying a range of skills and techniques to develop a variety of ideas in the creation of new / modified products.. Use a range of technological equipment and systems C..................... Use a range of thought processes 3 ....................... Managing own roles & responsibilities 2......................... MANAGING TASKS & SOLVING PROBLEMS 12.........
a local company that specialises in renovating old property. You are required to write a brief note to senior solicitors related to the following claims: Tasks 3a Your client doesn’t know anything about tortious liability and contractual liability seeking your advice and clarification on the nature of general tortious liability and contractual liability. one of the security staff. along with an instruction that should there be any problem with a non-ticket holder trying to enter. During the commotion. to provide security for the day in question. Arthur decides to hold a party to welcome his new neighbours. Whilst these alterations are in progress. the member of security staff should radio a member of FX staff and wait for them to attend to resolve the situation. Explain the liability applicable to an occupier of premises (3 b) 3c & 3d Factor X (FX) owned by Arthur. breaking Scally’s wrist and cutting his head. A client has approached and seeking advice on several claims and legal disputes. an FX employee. Explain the liability applicable to the staff and discuss the nature of employer liability with reference to vicarious liability and health and safety implications (3 c) Distinguish strict liability from general tortious liability with reference to Factor X and Crew Service (3 d) 4 . Basil. FX engaged its usual contractors. Crew Service (CS). was contracted to provide corporate hospitality by Indoor Stadium for clients attending a sporting event. As a result of the incorrect assembly. where she is injured. which have recently arisen to him. Paula.SCENARIO You are employed as a legal research assistant in a firm of solicitors which provides range of legal assistance to clients. Scally tried to sneak into the event but was caught by Louie. an events management company. the fountain later toppled over. He moves in and decides to have substantial renovations carried out by Askew Alterations Ltd. Louie violently twisted Scally’s arm and threw him to the ground. assembled the fountain incorrectly and didn’t test it as she had been instructed to do. while looking for Clara in that room. scalding several guests and knocking one unconscious. In order to exclude the general public from the executive corporate hospitality area. Describe the nature of general tortious liability comparing and contrasting to contractual liability (3 a) 3b Arthur inherits a large and dilapidated house from his mother. The centrepiece to the hospitality buffet was an elaborate chocolate fountain. Basil and his five-year-old daughter Clara becomes bored and wanders into a room marked ‘Danger – do not enter’. The security staff’s instructions from FX were detailed and included a specific instruction not to admit people without a ticket. turns on a light switch that has not been completely finished and suffers an electrical shock.
reading a copy of the Financial Times. of any remedy she might have against Martin (4 a & 4 b) 5 . Olive. Arthur invested his life savings in publishing shares. asked Martin what his job was and Martin replied that he was a stockbroker. A few months later. Arthur then committed suicide. Arthur. who was sitting next to him. Arthur then asked Martin for some advice on investment and Martin jokingly replied that publishing seemed to be a good area. 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 above and advise Arthur’s widow. the value of these shares fell dramatically and Arthur lost all of his money.4a & 4b Martin was on train. As a result of this discussion. Depressed at being penniless.
clear variety of information sources used and confident in using equipment and gained knowledge from use of equipment. 6 . student’s answers should display clear understanding. student’s answers should display receive and respond to a variety of information. Demonstrate convergent. To achieve a DISTINCTION. work is well structured with evidence of planning. To achieve a MERIT.GRADING Pass Merit is achieved by meeting all the requirements defined in the assessment criteria. further research undertaken. 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. legible and neat written of work. legible. 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. clear and neat written of work. student’s answers should display clear and appropriate respond to variety of information. Present data using a range of case examples to support your explanation. different sources of information used widely and use technological equipment to aid problem solving. wide range of information sources used and willingness to use a variety of equipment to find best solution. Present and communicate appropriate findings (M3) Characteristics / Possible Evidence – logical development of principles and concepts related tortuous liability and tort of negligence. 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. Common Skills Grading To achieve a PASS.
You must take responsibility for managing your own time effectively. or at worst. 8. A fully typed up professionally presented report document. Content sheet with a list of all headings and page numbers. If you are unable to hand in your assignment on time and have valid reasons such as illness. Exhibits/appendices are outside this limit. 3. you may apply (in writing) for an extension. NOTE: If you are caught plagiarizing. course title. The assignment should be not contain a bibliography – but should contain a list of any references used in the assignment. 5. 9. Lecturer/tutor name and student’s name. The assignment should have a cover page that includes the assignment title. Ensure that authenticity declaration has been signed. This is an individual assignment. 6. you could be excluded from the course. Use 12 point Arial or Times New Roman script. 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. assignment number. 7 . 4. Late assignments will not be accepted. Use the Harvard referencing system. Take great care that if you use other people’s work or ideas in your assignment.500 to 3. Attach all the pages of assignment brief/cover sheet with your report and leave them blank for official use. 7. Failure to achieve a PASS grade will results in a REFERRAL grade being given. you properly reference them in your text and any bibliography. Ensure that you give yourself enough time to complete the assignment by the due date. 2. Your assignment should be word-processed and should not exceed from 2.PRESENTATION 1.000 words in length. module title. you could have your grade reduced to zero. NOTES TO STUDENTS FOR SUMMISSION Check carefully the submission date and the instructions given with the assignment.
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