Common Law 1

University of Kent Assignment Brief








Student Name:Course: Business Law
Stage: Year 2Module Title: Common Law 1
Assignment Name:        

Tort       
Submission date:                                                                             19/01/2016 at 09.30        
Feedback date: 02/02/2016Tutors:  Tim Wilshire
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Subject Specific Learning Outcomes:
  1. Examine the role of the Law of Tort in business activities assessing particular forms of tortious liability

  2. Understand and apply the elements of the Tort of Negligence.

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Generic Learning Outcomes:

Following this module a learner will develop the:

a)    Ability to present structured coherent arguments

b)    Ability to work and study independently and utilise resources effectively

c)    Effective self-management skills

 
 

Assessment Criteria:






To achieve each outcome a learner must demonstrate the ability to:Assessment criteria
Examine the role of the Law of Tort in business activities assessing particular forms of tortious liability

 
¨         describe the nature of general tortious liability comparing and contrasting to contractual liability

¨         explain the liability applicable to an occupier of premises

¨         discuss the nature of employer’s liability with reference to vicarious liability and health and safety implications

distinguish strict liability from general tortuous liability
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

 

Assignment brief:

Alisha owned a speedboat. During the summer of 2014, she started a business offering trips from the harbour at Kempston-on-Sea. She placed the following notice on the harbour wall:

Thrilling high-speed boat trips

£25

Lifejackets provided

Passengers ride at their own risk

On 15 August 2014, Ben and Charles were looking at the notice. Alisha asked them if they wanted to go on a trip. They said they were worried about the risks and Alisha assured them that, although there were always risks in boat trips, they would be quite safe. She said they would have an exciting trip as she would be driving very fast. Ben and Charles decided to go ahead and paid Alisha for the trip.

On the trip, Alisha went too fast, lost control of her boat and collided with a rock. Charles suffered severe bruising to his chest. Ben was thrown into the boat’s controls and was blinded in one eye. Charles and Ben were both taken to hospital. Alisha was not injured in the collision.

Some months after the collision, Ben returned to work as a mechanic at Dunnow Ltd. Despite his injury, Dunnow Ltd failed to provide him with safety goggles. Whilst fitting a new exhaust to the underneath of a car, a bolt fell into his good eye, causing serious injury.

Advise Ben as to any actions he may have against Alisha and Dunnow .

 
  • describe the nature of general tortious liability comparing and contrasting to contractual liability

  • explain the liability applicable to an occupier of premises

  • discuss the nature of employer’s liability with reference to vicarious liability and health and safety implications


distinguish strict liability from general tortuous liability

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Assignment requirements:

This is an individual assignment designed for students to discuss and demonstrate their understanding of the business environment in relation to the identified learning outcomes. This assignment is worth 50% of the modules overall mark. This is the first assignment for this module.

 

Your assignment should not exceed 2,500 words and MUST be submitted through Turnitin prior to the deadline.

 

Academic requirements:
  • Your work should be word processed where possible.

  • Your work should be submitted in report format

  • Written work must be submitted in a single A4 punched plastic pocket.

  • The entire assignment brief and completed front sheet must accompany your work.

  • Your work should be supported by a minimum of 5 separate pieces of evidence referenced using the Harvard method ensuring that all tasks are well supported.

  • All pictures from any secondary source should be referenced appropriately.


Wiki pages and blogs will not be accepted as appropriate sources of evidence.

 
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