Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages To Order 5-10 Pages
Instructions to Candidates:
Please read the instructions below before starting the paper
- Module specific information is provided below by the Module Leader below.
- Create and save one document only, containing all your answers. It should be a Word document (ending in .doc or .docx). You should call it ‘my 4LLAW003W assess’. In case of technology issues you should save your work on a regular basis.
- You must work on your own and should not discuss your work with other students, via email, telephone or any other means. Your answers will be run through the Turnitin similarity detection software, and so any ‘cut-and-pasted’ answers will be easily identified. If you submit work which is not your own, you will be open to an accusation of an assessment offence (plagiarism and/or collusion). If you send drafts of your answers to any other student, you will also be open to an accusation of an assessment offence.
- Where the University believes that academic misconduct has taken place the University will investigate the case and apply academic penalties as published in Section 10 Academic Misconduct regulations.
- As you will have access to resources to complete your assessment, any content you use from external source materials will need to be referenced correctly. You do not need to provide a bibliography. Whilst we do not expect the full OSCOLA footnote style to be used, and you may put references in the text rather than in footnotes, whenever you directly quote, paraphrase, or summarise someone else’s ideas, you have a responsibility to give due credit to that person for their work. Reference to authority, such as case names, textbooks, and articles should be provided if required. Support can be found at
- Once completed please submit your paper via the submission link provided on the Blackboard site for the module concerned. You must submit your assessment within twenty-four hours of the Start Time above. If you submit more than one completed answer paper, you will overwrite the previous version you submitted. You can, of course, do this if you wish within the twenty-four-hour submission window. Be sure to check that you are submitting the correct version and keep a copy of your receipt.
- Work submitted after the deadline will not be marked and will automatically be given a mark of zero.
Module Specific Information: Instructions to candidates
· You will find a copy of the timed assessment on Tort’s Blackboard site under “ASSESSMENT” >> TIMED ASSESSMENT 4LLAW003W and 5LLAW003W Tort Law (21/07/2020 @ 14:00)
· Answer TWO questions in total:
o The COMPULSORY problem question in Section A and
o ONE essay question from Section B.
· Question Weighting:
o The compulsory question is worth 60% of the overall mark
o The question in Section B is worth 40% of the overall mark
· Begin each answer on a separate page of your document and indicate clearly the number of the question that you have attempted.
· Word Limits:
o You have a total of 3,000 words maximum (including references)
o We suggest you spend a maximum of 1,800 words on Section A
o We suggest you spend a maximum of 1,200 words on Section B
· You should submit you work via the submission link on Tort’s Blackboard site under “ASSESSMENT” >> TIMED ASSESSMENT 4LLAW003W and 5LLAW003W Tort Law (
SECTION A – Answer this COMPULSORY question
Ariana regularly takes her neighbour’s child, Cristiano, to school. One day, on their way to school, Ariana meets a friend and starts chatting. She fails to notice that Cristiano has wandered off. Cristiano has seen his friend standing outside the school and, in an attempt to reach him, Cristiano runs out in front of a bus carrying school children. The bus driver sees Cristiano but cannot steer out of his way as the steering locks on the bus, so it is about to hit Cristiano.
Ant and Geoff, two teachers standing outside the school, see the bus heading for Cristiano and run out in the road to rescue him. Ant trips on a loose paving stone, falls over and due to his very rare bone disease shatters both hips. However, Geoff manages to throw Cristiano to the side of the road, where Cristiano suffers only cuts and bruises. Unfortunately, Geoff hits his head on the road and breaks his leg.
An ambulance is called. It takes a very long time to arrive but finally does so and takes Ant and Geoff to the hospital. Ant dies from complications with his injuries, but prompt treatment would have made no difference. He leaves behind a partner and their newborn child. Ant was the main wage earner of the family.
At the hospital Geoff is given treatment for his head injury but the hospital tells him they are unable to treat his leg. It has been so badly injured that Geoff may be unable to walk for the rest of his life. It is possible that the hospital would have been able to successfully treat Geoff’s leg had he arrived there sooner.
Though not wearing his seat belt, the bus driver had insisted that all of the children wear theirs so none of the children on the school bus were physically injured. However, three of the children suffered shock having witnessed the accident and are now extremely fearful of riding on buses.
The bus driver’s wife, Mrs Gaga, sees a report of the accident on the local TV news and recognises her husband’s bus. She rushes to the hospital where she sees her husband covered in blood. It later transpires that, though suffering from minor injuries, her husband is fine. However, as a result of what she saw, Mrs Gaga suffers severe depression and will not be able to return to work for a year.
A blogger called TruthTeller writes an online article about the incident claiming that the steering locked on the bus because MassiveTransit, the bus company, did not spend ‘massive’ amounts on maintaining their vehicles. Having read the article Juventus Borough Council cancelled a lucrative contract with MassiveTransit to run their local bus service.
Advise all parties of their rights and liabilities in tort, making reference to case law
(Please turn over)
SECTION B – Answer any ONE question from this section
Recent case law has demonstrated that an employer’s responsibility for torts in relation to their employees is difficult to avoid. Nevertheless, there are important justifications for imposing such responsibility.
Discuss the above statement with reference to case law and statute.
Discuss the extent to which the current approach taken by the courts to the recovery of economic loss causes problems for claimants.
Use case law to support your discussion.
Discuss the ways in which occupiers of land might find themselves liable in tort and explain whether or not you think this liability is too complex and uncertain.
Use case law and statute law to illustrate your answer.
“In short, private nuisance regulates relationships between neighbours, defining their mutual rights and obligations with respect to land use by striking a fair and reasonable balance between them” K Horsey and E Rackley Tort Law (6th edn, OUP 2019, 543).
With reference to case law, discuss whether or not private nuisance is effective in regulating relationships between neighbours.
The existing law of trespass to the land does not adequately protect landowners against unjustifiable interference from unwanted visitors.
Discuss whether or not you agree with this statement using case law to illustrate your answer.
(Please turn over)
To what extent does the tort of defamation successfully preserve a balance between an individual’s right to protect his or her reputation and the general right to free speech?
Consider your answer with reference to case law and statute law.
With reference to relevant case law, discuss how effectively the torts of trespass to person protect an individual’s physical integrity.
Discuss the extent to which the tests for causation in tort are effective in linking the defendant’s negligence to the damage caused.
Your discussion should include consideration of case law to support your arguments.
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. The can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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