Qualification Unit number and title

Pearson BTEC Level 5 HND Diploma in Unit 5: Aspects of Contract and

Business Negligence for Business

Student name Assessor name

Yasmin Sinki Mr.Alamin Suleman

Date issued Formative Date Completion date Submitted on

25-01-2016 03-03-2016

Assignment title ACNB2: Tortious negligence Liability (2 of 2)

In this assessment you will have the

Learning Learning Assessme Task Evidence
opportunity to present evidence that
Outcome Outcome nt Criteria no. (Report)
shows you are able to:
Understand 3.1 Contrast liability in tort with contractual
1
principles liability
of liability 3.2 Explain the nature of liability in negligence 2
Lo3 in
negligence 3.3
Explain how a business can be vicariously
in business 3
liable
situations
Be able to 4.1 Apply the elements of the tort of negligence
apply and defences in different business 4
principles situations
Lo4 of liability 4.2
in Apply the elements of vicarious liability in
negligence 5a,5b
given business situations
in business
situations

Learner declaration

I certify that the work submitted for this assignment is my own and research sources are fully
acknowledged.

Student signature: Date:

 In addition to the above PASS criteria, this assignment gives you the opportunity to submit
evidence in order to achieve the following MERIT and DISTINCTION grades

Grade Descriptor Indicative characteristic/s Contextualisation

M1 Identify and apply

strategies to find Not on this assignment
appropriate solutions
M2 Select/design and apply
appropriate Not on this assignment
methods/techniques
M3 present and
communicate appropriate Not on this assignment
findings
D1Use critical reflection To achieve D1: Apply the elements
to evaluate own work of the tort of negligence and defenses
and justify valid and apply the elements of vicarious
conclusions The validity of results has been liability in above situation, use critical
evaluated using defined criteria reflection to evaluate own work and
justify valid conclusions according to
the tort of negligence and vicarious
liability.(task5b)
D2 Take responsibility for To Achieve D2 :Apply the elements
managing and organising of the tort of negligence and defenses
activities and apply the elements of vicarious
Substantial activities, projects or
liability in above situation, take
investigations have been planned,
responsibility for managing and
managed and organized
organizing activities according to the
tort of negligence and vicarious
liability.(task 5b)
D3 Demonstrate To Achieve D3: Apply the elements of
convergent / lateral / the tort of negligence and defenses and
Convergent and lateral thinking have been
creative thinking applied. apply the elements of vicarious liability
in above situation, demonstrate
problems have been solved convergent/lateral/creative thinking
according to the tort of negligence and
vicarious liability.(task 5b)
Assignment brief
Unit 5: Aspects of Contract and
Unit number and title
Negligence for Business
Qualification Pearson BTEC Level 5 HND Diploma in Business
Start date 25-01-2016
Deadline/hand-in 03-03-2016

Assessor Mr.Alamin Suleman

Assignment title ACNB2: Tortious negligence Liability (2 of 2)

Purpose of this assignment

Understand principles of liability in negligence in business activities
Be able to apply principles of liability in negligence in business situations

Task 1:(this task addresses LO3: 3.1)

Contrast Liability in tort with contractual liability

Explain the concept of Tort law.

What is Tort and how it differs from contract law?

Guidelines: Discuss briefly what the concept of Tort law is, how it originated, its categories, and the
purpose of tort law. Differentiate between liability that arises in Tort Law and liability that arises in
Contract Law.

Task 2:(this task addresses LO3: 3.2)

Explain the nature of liability in negligence.

Discuss the concept of Tortious Negligence and how a claimant should prove Liability is owned when
claiming damages as a result of Negligence of another party.

Guidelines: Discuss in details the concept of Negligence and how liability is proven, specifically
tackling topics such as the Duty of Care, Reasonable care, reasonable foreseeability and damages.

Task 3:(this task addresses LO3: 3.3)

Explain how a business can be vicariously liable

Explain the Doctrine of Vicarious Liability that arises in the work place and how liability is assessed.

Guidelines: Explain the doctrine of vicarious Liability, the purpose of the doctrine, and how vicarious
liability must be proven. Moreover discuss what precautions or measurements can be taken by an
Employer to minimize responsibility or vicarious liability arising.

Task 4:(this task addresses LO4: 4.1)

Apply the elements of the tort of negligence and defences in different business situations

Discuss briefly health and safety that exist in a work environment and what steps an employer can take
to minimize liability in this regard?

Guidelines: Healthy and Safety precautions needs to be taken by any employer towards his employees.
Give examples of what type of health and safety issues can arise and what steps an employer can take
to reduce theses health and safety issues from arising at the work place.

Task 5a:(this task addresses LO4: 4.2)

Apply the elements of vicarious liability in given business situations.

Case Study:

Kate is employed by QMR (Electrical components) Ltd as a machine operator. She operates a machine
that has sharp cutting edges which is fitted with a safety guard in compliance with section 14(1) of the
Factories Act 1961. One day, a container of ball bearings was dropped on the factory floor and
employees were told to vacate the factory and remain outside whilst the floor was swept. Kate went
outside with the other employees but realized that she had left her cigarettes inside so she went back
inside and walked over to her machine to collect her handbag which contained the cigarettes. One the
way, she slipped on a ball bearing and broke her wrist in the fall. Kate was anxious not to miss too
much time away from work so she returned to work with her arm in a cast after just three days but she
found that the cast made it difficult to operate her machine. Her employer told Dave, a new employee
with experience or training with cutting machines, to assist Kate. Dave struggled to operate the
machine and, whilst Kate was taking a break, removed the safety guard. John, the supervisor, noticed
that the guard had ben removed and did nothing, thinking that Kate would tell Dave to replace the
guard when she returned from the break. Two minutes later, Dave learned across the machine and his
arm was severed by the sharp cutting blade.

Advise Kate and Dave as to whether they have any basis for a claim of employer's liability against
OMR Ltd.

Task 5b:(this task addresses LO4: 4.1, 4.2 and D1, D2, D3)

Apply the elements of the tort of negligence and defences in different business situations

Apply the elements of vicarious liability in given business situations.

Case study:

One night, Mark decides to check in at the Posh place Hotel, which is owned by Ben. Later that
night, Mark is in his room when a masked man enters and threatens to hurt him unless he hands
over his valuable antique jewellery. Mark hands it over. The thief later turns out to be Neil, the
hotel gardener, who had stolen a master key to the hotel room.
Meantime, downstairs in the kitchen, Roger, the dishwasher, is complaining about the skin rash
he has developed as a result of long periods of washing up. Although rubber gloves are
available, most employees do not use them. Colin, the head chef, is getting fed up with Roger
and in his anger, knocks Roger unconscious with a frying pan.
Meanwhile, to cheer himself up, Mark later decides to go to the Hotel pool for a swim. A sign on
the pool door reads: ‘Pool closed between 7.00pm and 7.00 am. No entry to visitors during these
hours; ‘Dangerous when unattended’. Mark reads but ignores the sign and enters. He cannot find
the light so just jumps in. In fact, the pool has been emptied and Mark is badly injured and tears
his expensive designer swimming trunks.

Task: Evaluate the accuracy of each of the seven statements A, B, C, D, E, F and G individually
as they apply to the facts in the above scenario. Apply the elements of the tort of negligence and
defenses and apply the elements of vicarious liability in these situations.

Statement A: Neil does not owe Roger a non-delegable duty of care as an employer to provide a
safe working environment.

Statement B: Roger can bring a claim in vicarious liability against Neil for Colin’s actions.
 Statement C: The Poshplace Hotel is liable to Mark under the Occupiers’ Liability Act 1957.

Statement D: The Poshplace Hotel is not liable to Mark under the Occupiers’ Liability Act 1984 because
of its warning notice.

Statement E: Mark can use ordinary negligence principles in his claim against Poshplace
.
Statement F: Under the Occupiers’ Liability Act, Mark will not be able to claim for the cost of his
designer swimming trunks.

Statement G: Mark can bring a claim in vicarious liability against Poshplace Hotel for the loss of his
jewellery.

To achieve D1: Apply the elements of the tort of negligence and defenses and apply the elements of
vicarious liability in above situation, use critical reflection to evaluate own work and justify valid
conclusions according to the tort of negligence and vicarious liability.

To Achieve D2 :Apply the elements of the tort of negligence and defenses and apply the elements of
vicarious liability in above situation, take responsibility for managing and organizing activities according
to the tort of negligence and vicarious liability.

To Achieve D3: Apply the elements of the tort of negligence and defenses and apply the elements of
vicarious liability in above situation, demonstrate convergent/lateral/creative thinking according to the
tort of negligence and vicarious liability.

Evidence Evidence
Summary of evidence required by student
checklist presented
Task 1
Report

Task 2 Report

Task 3 Report

Task 4 Report

Task 5 Report

Resources:
Class Lectures
Internet

Notes:
Provide copy of your project as .PDF file and copy it on CD and will not accept any project
without achieve this.
Remember:
Plagiarism is presenting someone else's words, ideas, arguments, concepts or designs as your own work.
It includes behavior such as: copying information directly from the web or books without referencing the
materials , submitting joint coursework as an individual effort, copying another student's coursework , stealing
coursework from another student and submitting it as your own work.
Suspected plagiarism will be investigated and, if found to have occurred , will be dealt with accordingly.
Achievement Summary

Pearson BTEC Level 5 HND

Qualification Diploma in Business Assessor name Mr.Alamin Suleman

Unit 5: Aspects of Contract and

Unit Number and Student name Yasmin Sinki
Negligence for Business
title

Criteria To achieve the criteria the evidence must show that the Achieved?
Reference student is able to: (tick)
LO3
3.1 Contrast liability in tort with contractual liability
3.2 Explain the nature of liability in negligence
3.3 Explain how a business can be vicariously liable
LO4
4.1 Apply the elements of the tort of negligence and defenses in different business
situations
4.2 Apply the elements of vicarious liability in given business situations

Higher Grade achievements (where applicable)

Grade descriptor Achieved? Grade descriptor Achieved?

(tick) (tick)
M1: Identify and apply strategies to D1: Use critical reflection to
find appropriate solutions evaluate own work and justify
valid conclusions
M2: Select / design and apply D2: Take responsibility for
appropriate methods / techniques managing and organising
activities
M3: Present and communicate D3: Demonstrate
appropriate findings convergent/lateral/creative
thinking
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