Access to Higher Education

Law
Assignment Brief

A Assignment Details

Student Name Centre

Tutor Name Unit Title: The Law of Tort 1

Subject: Law Unit Code: 1384364

Assignment Title: An evaluation of Tort Indicative Word Count 2000-2500

Assignments for this Unit 1 of 2

This unit is Graded
No. of Credits 6 Level 3
Grade Descriptors 1, 2, 4, 5 and 7 apply
Date set Date due Date submitted
If a resubmission Date due Date submitted

Student Declaration

I understand that copying / taking ideas from other sources (e.g. reference books, journals, internet, and
tutor handouts) without acknowledging them is plagiarism. I confirm that:
 This assignment is all my own work.
 All contributions taken from other reading and research have been referenced accurately.
 Any direct quotations taken from other reading and research have been acknowledged and attributed
accurately.
 I have attached a bibliography listing all sources used in producing this assignment.
 I have added the word count below. NB unless specified otherwise, the word count indicated above is
acceptable.
 I have read and understood the Ascentis document entitled ‘Policies and Procedures for Dealing with
Malpractice’ provided by the tutor and understand the consequences of non-compliance with this
document.

To be completed by student on submission and in confirmation of above declaration

Student signature
Word count
To be completed by tutor
Tutor signature
Unit grade award Word count confirmed as accurate Yes/No
To be completed by the IM (Internal Moderator) if work has been internally moderated
IM name (printed) IM signature
Date internally moderated

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B The Assignment Brief

Assignment Brief

Read the following case study and produce a written report of approximately 2000 – 2500 words that
provides advice to Jules. The information that needs to be included in your report is given below the
case study.

Case Study

Six months ago, a new block of flats was built on previously disused land which is close to Jules’
gardening and landscaping business. Residents in the flats soon begin to complain about the noise
and pollution coming from Jules’ premises. In particular, the drills and concrete mixers made a lot of
noise. Also, the residents complain that the fumes from the equipment that use petrol fuel force them
to keep windows closed.

There is a football field on the other side of Jules’ business premises and she knows that many local
children walk through her car park as a short cut to the field. There used to be a solid wooden fence all
around the premises but there has been recent storm damage to the fence, so there is nothing to stop
the children entering the premises. There is one sign stating that the land is private, but no one has
seen the sign for a while.

Last month, Randi was walking through the car park of Jules’ business to get to the football field, when
one of Jules’ employees, Ian, knocked Randi down with a forklift truck. Ian had just started to learn
how to use the forklift truck and should have been supervised by Jules, but she had quickly popped
into the office to answer an urgent telephone call. Jules had asked Ian to stop the truck, but he did not
hear her.

Report Content

1. An explanation and understanding of the key rules and cases that are relevant to Jules.
Demonstrate your knowledge by including relevant statutes and / or case law. Advise Jules on
what rights both the residents of the flats and Randi would have if they wished to sue her.
(AC 1.1, 1.2)
2. An explanation to Jules of how the courts would apply the rules of the law of tort in order to
establish liability in this case. Provide an analysis of any relevant case law and statutes that
apply. (AC 2.1)
3. A description of any defences that could be used by the defendant who is being sued.
(AC 2.1)
4. An analysis of any changes made to this area of law over recent years. Provide Jules with an
evaluation of the advantages and disadvantages of the area of law affecting her. (AC 3.1, 3.2)
5. An analysis of any suggestions for reform of the area of law being considered. (AC 3.3)

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C Learning Outcomes

1st 2nd
submission submission
Learning Outcomes Assessment Criteria
Achieved Achieved
Y/N Y/N
The student should be able The student has achieved this
to: outcome because s/he can:
1.1 Explain the key rules and cases
that are relevant to an aspect of
1.0 Understand the rules
the law of tort
and cases governing at
least one aspect of the 1.2 Illustrate a logical understanding
law of tort of the rules using relevant
statutes and/or case law

2.1 Show how the courts apply the

rules of an area of the law of tort
in order to establish liability in a
2.0 Demonstrate an case
understanding of the
way in which the rules 2.2 Analyse any relevant case law
of at least one area of and statutes that apply to the
the law are applied by area of law
the courts 2.3 Describe any defences that may
be used by a defendant who is
being sued under the law of tort

3.1 Analyse any changes made to

the area of law over recent years
3.0 Demonstrate an
understanding of the 3.2 Evaluate the advantages and
effectiveness of an disadvantages of the area of law
area of tort law
3.3 Analyse any suggestions for
reform of the area of law

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D Tutor Assignment Feedback

Tutor Comments (1st Submission)

Tutor Comments (2nd Submission)

E Grade Profile

Tick if Performanc
applicable e against
Tutor comments
to this descriptor
assignment (P / M / D)
1 Understanding of the
subject

2 Application of
knowledge

4 Use of information

5 Communication and
presentation

7 Quality

Overall unit grade

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F Grade Descriptors
Grading the assignment
Once the learning outcomes for this assignment are achieved, the student is eligible for grading against
specific grade descriptors (these are identified on the following pages)

There are no descriptor components for Pass. Students achieve a Pass by meeting the
requirements of all the assessment criteria of a unit

Only the components that are ticked apply to this

1 Understanding of the subject
assignment

Merit Distinction

The student, student’s work or performance: The student, student’s work or performance

a demonstrates a very good grasp of the a demonstrates an excellent grasp of the

relevant knowledge base
b is generally informed by the major
conventions and practices of the area of
study
c demonstrates very good understanding of
the different perspectives or approaches
associated with the area of study.
relevant knowledge base
b is consistently informed by the major
conventions and practices of the area of
study
c demonstrates excellent understanding of
the different perspectives or approaches
associated with the area of study.

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 Only the components that are ticked apply to this
2 Application of knowledge
assignment

Merit Distinction

The student, student's work or performance The student, student's work or performance
makes use of relevant a
makes use of relevant a

• ideas • ideas

• facts • facts

• theories • theories

• perspectives • perspectives

• models • models

• concepts • concepts

with either with both

b breadth or depth that goes beyond the b breadth and depth
minimum required to Pass
and/or
and/or

c very good levels of c excellent levels of

• consistency • consistency

• precision • precision

• accuracy • accuracy

• insight • insight

• analysis • analysis

• synthesis • synthesis

• creativity • creativity

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 Only the components that are ticked apply to this
4 Use of information
assignment

Merit Distinction

The student, student’s work or performance: The student, student’s work or performance:

a identifies new information from sources a identifies new information from sources
which are generally appropriate which are consistently appropriate

b makes some use of new information b makes extensive use of new

information

c generally appraises the relevance and c consistently appraises the relevance

value of new information accurately and value of new information accurately

d shows a very good grasp of the meaning d shows an excellent grasp of the
and significance of new information meaning and significance of new
information

e generally combines or synthesises e consistently combines or synthesises

information with outcomes that are information with outcomes that are
accurate and appropriate accurate, appropriate and
 succinct
 innovative
 creative
In practice-based/practical work: In practice-based/practical work:

f is informed by research that draws on a f is informed by research that draws on

range of sources and resources that goes an extensive range of sources and
beyond the minimum required for the work. resources

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 Only the components that are ticked apply to this
5 Communication and presentation
assignment

Merit Distinction

The student, student’s work or performance shows The student, student’s work or performance
very good command of: shows excellent command of:

 format  format

 structure  structure

 use of images  use of images

 language (including technical or  language (including technical or

specialist language) specialist language)
 syntax  syntax

 register  register

 spelling  spelling

 punctuation  punctuation

 referencing  referencing

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7 Quality This grade descriptor applies to all units

Merit Distinction

The student, student’s work or performance: The student, student’s work or performance:

a is structured in a way that is generally a is structured in a way that is consistently

logical and fluent logical and fluent
b puts forward arguments or ideas which are b puts forward arguments or ideas which
generally unambiguous but which are in a are consistently unambiguous and
minor way limited or incomplete cogent

c taken as a whole, demonstrates a very c taken as a whole, demonstrates an

good response to the demands of the excellent response to the demands of
brief/assignment the brief/assignment

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