DANANG UNIVERSITY OF ECONOMICS BTEC HND IN BUSINESS (MANAGEMENT)

ASSIGNMENT COVER SHEET

NAME OF STUDENT REGISTRATION NO. UNIT TITLE ASSIGNMENT TITLE ASSIGNMENT NO NAME OF ASSESSOR SUBMISSION DEADLINE

Unit 5: Common Law 1 Business Contract 2 of 2 Maria Carmen L. Vidal 4 June 2012

I, __________________________ hereby confirm that this assignment is my own work and not copied or plagiarized from any source. I have referenced the sources from which information is obtained by me for this assignment.

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_________________________ Date

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Unit Outcomes
Outcome Evidence for the criteria Feedback Assessors decision
First attempt Rework Rework

Internal Verification

(a) Describe the nature of general tortious liability comparing and contrasting to contractual liability

Examine the role of the Law of Tort in business activities assessing particular forms of tortious liability (3)

(b) Explain the liability applicable to an occupier of premises

(c) Discuss the nature of employers liability with reference to vicarious liability and health and safety implications

(d) Distinguish strict liability from general tortious liability

Understand and apply the elements of the Tort of Negligence (4)

(a) Explain and understand the application of the elements of the Tort of Negligence (b) Analyse the practical applications of particular elements of the Tort of Negligence M1 D1 M2 D2 M3 D3

Merit grades awarded Distinction grades awarded

Outcome

Evidence for the criteria

Feedback

Assessors decision

Internal Verification

Comments by Assessor - Common Skills

A B C D E F G

Assignment
( ) Well-structured; Reference is done properly / should be done (if any) Overall, youve

Areas for improvement:

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DATE

(Oral feedback was also provided) STUDENT SIGNATURE NAME : ..............................................................................

FOR INTERNAL USE ONLY VERIFIED YES NO DATE : ...........................................................................

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COMMON SKILLS & COMPETENCIES ASSESSED (indicated by X)

A. MANAGING & DEVELOPING SELF
1. Managing own roles & responsibilities 2. Manage own time in achieving objectives 3. Undertakes personal and career development 4. Transfer skills gained to new/changing situations & contexts

D. MANAGING TASKS & SOLVING PROBLEMS

12. Use information sources 13. Deal with a combination of routine & non-routine tasks 14. Identify & solve routine & non-routine problems

B. WORKING WITH & RELATING TO OTHERS

5. Treat others beliefs and opinions with respect 6. Relate & interact effectively with individuals & groups 7. Work effectively as a team member

E. APPLYING NUMERACY
15. Applying numerical skills and techniques

F. APPLYING TECHNOLOGY
16. Use a range of technological equipment and systems

C. COMMUNICATING
8. Receive and respond to a variety of information 9. Present information in a variety of visual forms 10. Communicate in writing 11. Participate in oral & no-verbal communication

G. APPLYING DESIGN AND CREATIVITY

17. Applying a range of skills and techniques to develop a variety of ideas in the creation of new / modified products, services or situations 18. Use a range of thought processes

SCENARIO You are employed as a legal research assistant in a firm of solicitors which provides range of legal assistance to clients. A client has approached and seeking advice on several claims and legal disputes, which have recently arisen to him. You are required to write a brief note to senior solicitors related to the following claims: Tasks 3a Your client doesnt know anything about tortious liability and contractual liability seeking your advice and clarification on the nature of general tortious liability and contractual liability. Describe the nature of general tortious liability comparing and contrasting to contractual liability (3 a)

3b Arthur inherits a large and dilapidated house from his mother. He moves in and decides to have substantial renovations carried out by Askew Alterations Ltd, a local company that specialises in renovating old property. Whilst these alterations are in progress, Arthur decides to hold a party to welcome his new neighbours. Basil and his five-year-old daughter Clara becomes bored and wanders into a room marked Danger do not enter, where she is injured. Basil, while looking for Clara in that room, turns on a light switch that has not been completely finished and suffers an electrical shock. Explain the liability applicable to an occupier of premises (3 b)

3c & 3d Factor X (FX) owned by Arthur, an events management company, was contracted to provide corporate hospitality by Indoor Stadium for clients attending a sporting event. In order to exclude the general public from the executive corporate hospitality area, FX engaged its usual contractors, Crew Service (CS), to provide security for the day in question. The security staffs instructions from FX were detailed and included a specific instruction not to admit people without a ticket, along with an instruction that should there be any problem with a non-ticket holder trying to enter, the member of security staff should radio a member of FX staff and wait for them to attend to resolve the situation. The centrepiece to the hospitality buffet was an elaborate chocolate fountain. Paula, an FX employee, assembled the fountain incorrectly and didnt test it as she had been instructed to do. As a result of the incorrect assembly, the fountain later toppled over, scalding several guests and knocking one unconscious. During the commotion, Scally tried to sneak into the event but was caught by Louie, one of the security staff. Louie violently twisted Scallys arm and threw him to the ground, breaking Scallys wrist and cutting his head. Explain the liability applicable to the staff and discuss the nature of employer liability with reference to vicarious liability and health and safety implications (3 c) Distinguish strict liability from general tortious liability with reference to Factor X and Crew Service (3 d)
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4a & 4b Martin was on train, reading a copy of the Financial Times. Arthur, who was sitting next to him, asked Martin what his job was and Martin replied that he was a stockbroker. Arthur then asked Martin for some advice on investment and Martin jokingly replied that publishing seemed to be a good area. As a result of this discussion, Arthur invested his life savings in publishing shares. A few months later, the value of these shares fell dramatically and Arthur lost all of his money. Depressed at being penniless, Arthur then committed suicide. Explain and apply the various elements of the tort of negligence and analyse the practical applications of breach of duty and remoteness in the given situation above and advise Arthurs widow, Olive, of any remedy she might have against Martin (4 a & 4 b)

GRADING Pass Merit is achieved by meeting all the requirements defined in the assessment criteria. Select and apply appropriate techniques (M2)

Characteristics / Possible Evidence Select and apply appropriate legal rules using of various case examples related to tortuous liability and tort of negligence for the given claims. Present and communicate appropriate findings (M3)

Characteristics / Possible Evidence logical development of principles and concepts related tortuous liability and tort of negligence. Present data using a range of case examples to support your explanation. Distinction Take responsibility for managing and organizing activities (D2)

Characteristics / Possible Evidence independence demonstrated and substantial investigation have been planned and organized related to tortuous liability. Demonstrate convergent, lateral and creative thinking (D3)

Characteristics / Possible Evidence problem have been solved with evidence of good understanding and innovation and creative thought has been used related to tort of negligence.

Common Skills Grading To achieve a PASS, students answers should display receive and respond to a variety of information, legible and neat written of work, different sources of information used widely and use technological equipment to aid problem solving. To achieve a MERIT, students answers should display clear and appropriate respond to variety of information, legible, clear and neat written of work, clear variety of information sources used and confident in using equipment and gained knowledge from use of equipment. To achieve a DISTINCTION, students answers should display clear understanding, further research undertaken; work is well structured with evidence of planning, wide range of information sources used and willingness to use a variety of equipment to find best solution.

PRESENTATION 1. The assignment should have a cover page that includes the assignment title, assignment number, course title, module title, Lecturer/tutor name and students 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. This is an individual assignment. 4. Content sheet with a list of all headings and page numbers. 5. A fully typed up professionally presented report document. Use 12 point Arial or Times New Roman script. 6. Your assignment should be word-processed and should not exceed from 2,500 to 3,000 words in length. 7. Use the Harvard referencing system. 8. Exhibits/appendices are outside this limit. 9. The assignment should be not contain a bibliography but should contain a list of any references used in the assignment. NOTES TO STUDENTS FOR SUMMISSION Check carefully the submission date and the instructions given with the assignment. Late assignments will not be accepted. Ensure that you give yourself enough time to complete the assignment by the due date. Do not leave things such as printing to the last minute excuses of this nature will 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 being given. Take great care that if you use other peoples work or ideas in your assignment, you properly reference them in your text and any bibliography. NOTE: If you are caught plagiarizing, you could have your grade reduced to zero, or at worst, you could be excluded from the course.
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