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25-01-2016 03-03-2016
Learner declaration
I certify that the work submitted for this assignment is my own and research sources are fully
acknowledged.
Guidelines: Discuss briefly what the concept of Tort law is, how it originated, its categories, and the
purpose of tort law. Differentiate between liability that arises in Tort Law and liability that arises in
Contract Law.
Discuss the concept of Tortious Negligence and how a claimant should prove Liability is owned when
claiming damages as a result of Negligence of another party.
Guidelines: Discuss in details the concept of Negligence and how liability is proven, specifically
tackling topics such as the Duty of Care, Reasonable care, reasonable foreseeability and damages.
Explain the Doctrine of Vicarious Liability that arises in the work place and how liability is assessed.
Guidelines: Explain the doctrine of vicarious Liability, the purpose of the doctrine, and how vicarious
liability must be proven. Moreover discuss what precautions or measurements can be taken by an
Employer to minimize responsibility or vicarious liability arising.
Apply the elements of the tort of negligence and defences in different business situations
Discuss briefly health and safety that exist in a work environment and what steps an employer can take
to minimize liability in this regard?
Guidelines: Healthy and Safety precautions needs to be taken by any employer towards his employees.
Give examples of what type of health and safety issues can arise and what steps an employer can take
to reduce theses health and safety issues from arising at the work place.
Case Study:
Kate is employed by QMR (Electrical components) Ltd as a machine operator. She operates a machine
that has sharp cutting edges which is fitted with a safety guard in compliance with section 14(1) of the
Factories Act 1961. One day, a container of ball bearings was dropped on the factory floor and
employees were told to vacate the factory and remain outside whilst the floor was swept. Kate went
outside with the other employees but realized that she had left her cigarettes inside so she went back
inside and walked over to her machine to collect her handbag which contained the cigarettes. One the
way, she slipped on a ball bearing and broke her wrist in the fall. Kate was anxious not to miss too
much time away from work so she returned to work with her arm in a cast after just three days but she
found that the cast made it difficult to operate her machine. Her employer told Dave, a new employee
with experience or training with cutting machines, to assist Kate. Dave struggled to operate the
machine and, whilst Kate was taking a break, removed the safety guard. John, the supervisor, noticed
that the guard had ben removed and did nothing, thinking that Kate would tell Dave to replace the
guard when she returned from the break. Two minutes later, Dave learned across the machine and his
arm was severed by the sharp cutting blade.
Advise Kate and Dave as to whether they have any basis for a claim of employer's liability against
OMR Ltd.
Task 5b:(this task addresses LO4: 4.1, 4.2 and D1, D2, D3)
Apply the elements of the tort of negligence and defences in different business situations
Case study:
One night, Mark decides to check in at the Posh place Hotel, which is owned by Ben. Later that
night, Mark is in his room when a masked man enters and threatens to hurt him unless he hands
over his valuable antique jewellery. Mark hands it over. The thief later turns out to be Neil, the
hotel gardener, who had stolen a master key to the hotel room.
Meantime, downstairs in the kitchen, Roger, the dishwasher, is complaining about the skin rash
he has developed as a result of long periods of washing up. Although rubber gloves are
available, most employees do not use them. Colin, the head chef, is getting fed up with Roger
and in his anger, knocks Roger unconscious with a frying pan.
Meanwhile, to cheer himself up, Mark later decides to go to the Hotel pool for a swim. A sign on
the pool door reads: ‘Pool closed between 7.00pm and 7.00 am. No entry to visitors during these
hours; ‘Dangerous when unattended’. Mark reads but ignores the sign and enters. He cannot find
the light so just jumps in. In fact, the pool has been emptied and Mark is badly injured and tears
his expensive designer swimming trunks.
Task: Evaluate the accuracy of each of the seven statements A, B, C, D, E, F and G individually
as they apply to the facts in the above scenario. Apply the elements of the tort of negligence and
defenses and apply the elements of vicarious liability in these situations.
Statement A: Neil does not owe Roger a non-delegable duty of care as an employer to provide a
safe working environment.
Statement B: Roger can bring a claim in vicarious liability against Neil for Colin’s actions.
Statement C: The Poshplace Hotel is liable to Mark under the Occupiers’ Liability Act 1957.
Statement D: The Poshplace Hotel is not liable to Mark under the Occupiers’ Liability Act 1984 because
of its warning notice.
Statement E: Mark can use ordinary negligence principles in his claim against Poshplace
.
Statement F: Under the Occupiers’ Liability Act, Mark will not be able to claim for the cost of his
designer swimming trunks.
Statement G: Mark can bring a claim in vicarious liability against Poshplace Hotel for the loss of his
jewellery.
To achieve D1: Apply the elements of the tort of negligence and defenses and apply the elements of
vicarious liability in above situation, use critical reflection to evaluate own work and justify valid
conclusions according to the tort of negligence and vicarious liability.
To Achieve D2 :Apply the elements of the tort of negligence and defenses and apply the elements of
vicarious liability in above situation, take responsibility for managing and organizing activities according
to the tort of negligence and vicarious liability.
To Achieve D3: Apply the elements of the tort of negligence and defenses and apply the elements of
vicarious liability in above situation, demonstrate convergent/lateral/creative thinking according to the
tort of negligence and vicarious liability.
Evidence Evidence
Summary of evidence required by student
checklist presented
Task 1
Report
Task 2 Report
Task 3 Report
Task 4 Report
Task 5 Report
Resources:
Class Lectures
Internet
Notes:
Provide copy of your project as .PDF file and copy it on CD and will not accept any project
without achieve this.
Remember:
Plagiarism is presenting someone else's words, ideas, arguments, concepts or designs as your own work.
It includes behavior such as: copying information directly from the web or books without referencing the
materials , submitting joint coursework as an individual effort, copying another student's coursework , stealing
coursework from another student and submitting it as your own work.
Suspected plagiarism will be investigated and, if found to have occurred , will be dealt with accordingly.
Achievement Summary
Criteria To achieve the criteria the evidence must show that the Achieved?
Reference student is able to: (tick)
LO3
3.1 Contrast liability in tort with contractual liability
3.2 Explain the nature of liability in negligence
3.3 Explain how a business can be vicariously liable
LO4
4.1 Apply the elements of the tort of negligence and defenses in different business
situations
4.2 Apply the elements of vicarious liability in given business situations
Action Plan
Summative feedback