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NAME OF STUDENT

REGISTRATION NO.

UNIT TITLE Common Law

ASSIGNMENT TITLE Take Home Assignment

ASSIGNMENT NO 2 of 2

NAME OF ASSESSOR

SUBMISSION DEADLINE 8 June 2009

I, __________________________ hereby confirm that this assignment is my own work and notcopied or plagiarized from any source. I have referenced the sources from which information isobtained by me for this assignment.

________________________________ ____________________

Signature Date

----------------------------------------------------------------------------------------------------------------FOR OFFICIAL USE

ASSIGNMENT GRADE

Common Skills Grade

A B C D E F G

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NATIONAL ECONOMICS UNIVERSITY

BTEC HND IN BUSINESS AND MANAGEMENT

Assignment Cover Sheet

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Unit outcomes

Outcome Evidence for thecriteria

Feedback Assessorsdecision

InternalVerificati

on

Examine the roleof the Law of Tort

in businessactivitiesassessing

particular formsof tortious liability

(3)

Describe thenature ofgeneral tortiousliabilitycomparing andcontrasting tocontractualliability

a

Explain theliability

applicable to anoccupier ofpremises

b

Discuss thenature ofemployersliability withreference tovicariousliability andhealth andsafety

implications

c

Distinguishstrict liabilityfrom generaltortuous liability

d

Understand andapply the

elements of theTort of

Negligence(4)

Explain andunderstand theapplication ofthe elements of

the Tort ofNegligence

a

Analyse thepracticalapplications ofparticularelements of theTort ofNegligence

b

Merit grades awarded M1 M2 M3

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Distinction grades awarded D1 D2 D3

Professors additional feedback and comments

IV Name Date

COMMON SKILLS & COMPETENCIES ASSESSED (indicated by X)

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A. MANAGING & DEVELOPING SELF D. MANAGING TASKS & SOLVINGPROBLEMS

1. Managing own roles & responsibilities 12. Use information sources X

2. Manage own time in achieving objectives 13. Deal with a combination of routine & non-routine tasks

3. Undertakes personal and career development 14. Identify & solve routine & non-routine problems

4. Transfer skills gained to new/changing situations & contexts

E. APPLYING NUMERACY

B. WORKING WITH & RELATING TO OTHERS 15. Applying numerical skills and techniques

5. Treat others beliefs and opinions with respect

6. Relate & interact effectively with individuals & groups F. APPLYING TECHNOLOGY

7. Work effectively as a team member 16. Use a range of technological equipment and systems

C. COMMUNICATING G. APPLYING DESIGN AND CREATIVITY

8. Receive and respond to a variety of information 17. Applying a range of skills and techniques to develop a

variety of ideas in the creation of new / modified products,services or situations9. Present information in a variety of visual forms

10. Communicate in writing X 18. Use a range of thought processes

11. Participate in oral & no-verbal communication

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Scenario

You are employed as a legal executive in a firm of solicitors. A client has come andseeking advice on several claims, which have recently arisen. You are required towrite a report for the following claims:

Tasks

Claim 1:

Ms. Tran is employed by Fix-IT Ltd as a senior finance officer. She used to havethree assistants but two have left the company and have not been replaced. Thecompany asks her to take on a greater work load because of this. She has to takework home in the evenings and at weekends. As result she has a nervousbreakdown and has to go to hospital. The Fix-It company then advertises foranother assistant but does not appoint any of the applicants. It continues to ask

Tran to take extra work home and complete it on evenings and weekends. Tran hasnow suffered a second nervous breakdown and has received medical advice thatshe can no longer work.

Mr. Tuan has been employed by Fix-It for 15 years in its main office. Fix-Itintroduced a no smoking policy in the office five years ago, but has done nothing toenforce it. The company is aware that Tuan suffers from asthma and that he hasbeen forced to take many days off work because of the effects of tobacco smoke inthe office. Ten out of the twelve people working in the main office are heavysmokers. The fact that Tuan is very overweight also affects his ability to breathenormally.

Tuan has lost wages through his time off work and he has also had to pay a lot ofmoney in hospital fees

Ms. Hoa is employed by Fix-It Ltd as a computer operator. Her main task is word-processing. She has trained as a word processor, but the company has not providedher with any training on health and safety issues. She is required to work for manyhours without being told to have a break. As result, over a period of five years shedevelops a repetitive strain injury in her hands, which prevents her from working at acomputer. She is forced to take a lower paid job as a company cleaner.

On what basis may a person or a company be liable for a tort? How is thisdifferent to liability for a contract? Explain how a person or a company maybe liable for the wrongful act of another under the principle of vicariousliability. (3 a)

Discuss the statutory liability of an occupier of premises towards persons thatcome onto their property. (3 b)

Discuss the liability of the Fix-IT company for claims against it by the threeemployees based on the tort of negligence. Then discuss the liability of the

Fix-It Ltd. Company for claims against it by its employees under the Health &Safety at Work Act of 1974. (3 c)

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Describe and distinguish between strict liability and tortuous liability. (3 d)

Claim 2:

Mr. Trinh is an 18 year old learner driver. He is driving a motor-car, under thesupervision of his father, Mr. Khoa, along the high street. Mr. Khoa tells Trinh toslow down, but Trinh does not do this. As a result he has to swerve suddenly toavoid a child who has run onto the road, Trinh. The car Trinh is driving then goesonto the footpath and narrowly misses Hung, a child who is six years old and iswaiting for his aunt, Mai, outside Loots Chemist Shop. The car then crashes throughthe window of the Chemist Shop causing extensive damage to that shop.

Hungs aunt, Mai is waiting for Hung in the Chemist Shop and thinks the car is goingto hit Hung. When she saw the incident from inside the chemists shop, she thoughtTrinhs car was going to hit Hung. She collapses from nervous shock and is taken to

hospital.

Mr. Khoa was not wearing a seatbelt when the accident happened. He is thrownforward by the collision and suffers cuts to his face and a broken leg. He is taken tohospital. At the hospital Dr. Dung gives him an injection to relieve the pain he issuffering. Mr. Khoa is allergic to the injection and as a result he collapses andsuffers brain damage.

During the time the Loots Chemist Shop is being repaired, the shop next door whichis called Swish Curtains, suffers a loss of trade because their customers find itdifficult to negotiate the building works surrounding their shop.

Explain what must be proved in order to succeed in a legal claim based on the tort ofnegligence.

Then discuss the possibility of claims in negligence by against Trinh (who has aninsurance policy in respect of any car accident) by the following people:

Loots Chemist Shop for it damaged premises

Ms. Mai for her nervous shock

Mr. Khoa for his cut face and broken leg and brain damage

Swish Curtains for the loss of their business while the Chemist Shop is beingrepaired.

Then discuss the possible success of a claim for negligence by Mr. Khoa against Dr.Dung and the hospital for the brain damage he suffers after he has been given hisinjection. (4a & b)

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GRADING

Pass is achieved by meeting all the requirements defined in the assessmentcriteria.

Merit Present and communicate appropriate findings (M3)

Characteristics / Possible Evidence logical development of principlesand concepts related tortuous liability and tort of negligence.

Distinction Take responsibility for managing and organizing activities (D2)

Characteristics / Possible Evidence independence demonstrated andsubstantial investigation have been planned and organized related to

tortuous liability.

Demonstrate convergent, lateral and creative thinking (D3)

Characteristics / Possible Evidence problem have been solved withevidence of good understanding and innovation and creative thoughthas been used related to tort of negligence.

Common Skills Grading

To achieve a PASS, students answers should display receive and respond to avariety of information, legible and neat written of work, different sources ofinformation used widely and use technological equipment to aid problem solving.

To achieve a MERIT, students answers should display clear and appropriaterespond to variety of information, legible, clear and neat written of work, clear varietyof information sources used and confident in using equipment and gained knowledgefrom use of equipment.

To achieve a DISTINCTION, students answers should display clear understanding,further research undertaken; work is well structured with evidence of planning, widerange of information sources used and willingness to use a variety of equipment tofind best solution.

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PRESENTATION

1. The assignment should have a cover page that includes the assignment title,assignment number, course title, module title, Lecturer/tutor name andstudents 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. Content sheet with a list of all headings and page numbers.

4. A fully typed up professionally presented report document. Use 12 point Arialor Times New Roman script.

5. Your assignment should be word-processed and should not exceed 2,500words in length.

6. Use the Harvard referencing system.

7. Exhibits/appendices are outside this limit.

8. The assignment should be not contain a bibliography but should contain alist of any references used in the assignment.

NOTES TO STUDENTS

Check carefully the submission date and the instructions given with theassignment. Late assignments will not be accepted.

Ensure that you give yourself enough time to complete the assignment by thedue date.

Do not leave things such as printing to the last minute excuses of this naturewill 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 beinggiven.

Take great care that if you use other peoples work or ideas in yourassignment, you properly reference them in your text and any bibliography.

NOTE: If you are caught plagiarizing, you could have your gradereduced to zero, or at worst, you could be excluded from the course.

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Occupiers' liability is an area of tort law which concerns the duty of care that those

who occupy property owe to people who visit or trespass. It deals with liability that may arise

from accidents caused by the defective or dangerous condition of the premises.

An occupier of premises owes a duty to take that care that in all the circumstances of

the case is reasonable to see that a person, and the person's property, on the premises, and

property on the premises of a person, whether or not that person personally enters on the

premises, will be reasonably safe in using the premises.

Premises includes

(a) land and structures or either of them, excepting portable structures and equipment

other than those described in paragraph (c),

(b) ships and vessels,

(c) trailers and portable structures designed or used for a residence, business or

shelter, and

(d) railway locomotives, railway cars, vehicles and aircraft while not in operation

According to The Occupiers' Liability Act 1957, visitors as persons to whom the

occupier gives (or is to be treated as giving) an invitation or permission to enter or use the

premises. "Visitors" are also persons who enter premises for any purpose in the exercise of a

right ... whether they in fact have [the occupier's] permission or not. Police carrying out a

lawful search, or firement in the exercise of their duties will fall into this category 1.

In this case the rule of negligence should be applied.

1 http://en.wikipedia.org/wiki/Occupiers%27_liability_in_English_law

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