Reference no: EM131381765 , Length: word count:1000

Description of Assignment:

Task 1: Participate in a Group Discussion using one or two law cases per group and discuss the three main elements required in the Tort of Negligence

From the discussion, write an essay of a 1000 words, analysing the three elements required in the Tort of Negligence using a range of law cases to demonstrate your understanding.

With reference to the assessment criteria, you should prepare your discussion and essay to address the following general questions:

• Definition of the Tort of Negligence

• Definition and analysis of the 3 elements of theTort of Negligence

• What are the requirements that must be met to establish the Duty of Care, Breach of Duty and Causation/Damage?

• Discuss at least one case to illustrate your explanation. (You might need more in your essay)

Task 2: Prepare a Power Point Presentation Slides (you will not be asked to present this) which analysesand evaluatesthe defencesavailable in the Tort of Negligence. Use law cases to demonstrate your application of knowledge. For this task you should look at the following:

• Definition and explanation of various defences. Look in particular at Contributory Negligence, Volenti Non Fit Injuria and Ex Turpi Causa. You can use additional defences too.

• Look at and evaluate the main elements/characteristics of the above defences

• Look at the law cases which have been solved using these defences.

Task 3: Taking the case of Launchburys vs Morgans 1972, explain and evaluate the importance of Vicarious Liability and explain how loss can be established by the claimant in this case. You may use other cases in addition to the above case if you wish.( this essay should be no more than 700 words)

For this assignment you will produce:

• A hand out on the presentation you have prepared for task 2.

• A 1000 word written essay, Plus 700 word essay to be handed in on Moodle which will be checked by Turnit-in. Please note case law quoted will not be considered plagiarism for this assignment.

Learner declaration:

The explanations and evaluations in this work have been developed and written by me.

I have not submitted material copied from the Internet, text books or other sources in place of my own thinking and writing.

When I have referred to the work of others I have done so to discuss, comment on or argue their ideas.

I have kept quotation and paraphrasing to an absolute minimum and only to support points I have made.

I understand that referencing the names of authors whose ideas I have used without including my own interpretation of those ideas, does not meet the assessment criteria and cannot attract the Pass, Merit or Distinction grades.

I have not copied the work of my peers

Analyse the three elements required in the tort of negligence using a wide range of relevant case law.

Analyse the defences available to the tort of negligence.

Analyse the law relating to vicarious liability using case law.