Aspects of Contract and Negligence for Business
Referring to case law as appropriate, answer the following:

a. How do the elements of the tort of negligence apply in Scenario 4? What defences exist?

b. How does vicarious liability apply in Scenario 5?

SCENARIO 4

The facts: Miss Z is the owner and manager of Banzai health and fitness centre, which is in rented premises on the ground floor of 1 High Street.

Every Monday and Thursday, she runs a high energy aerobic workout using a large portable CD player. Because the usual electric socket isn’t working one Thursday, Miss Z runs an extension cable along the floor from the other end of the gym, across the door used by the customers. Mrs X brings her friend Mrs Y to try the workout, buying her a ticket for one session. Mrs X nearly trips over the wire. She claims there was a breach of duty of care and wants to sue. Mrs Y does trip over the wire and breaks a wrist. She also wants to sue.

As a direct result of her injury, Mrs Y has to cancel a contact she had to carry out four days work worth £360. She wants damages for economic loss. She wants this also to apply to any future work she may have lost because her rival took the contract over and has secured more work worth £2,100 on the strength of it.

On the Monday, Mr W arrives for the first time to lose some weight. Half way through an exercise, he complains that he has pains in his chest. Miss Z tells him to “feel the burn”, and “no pain no gain”. Mr W later collapses with heart problems. He wants to sue.

When the ambulance arrives for Mr W, the paramedic, Mr V, moves a sign saying ‘caution wet floor’ over a coffee spill to allow him to walk under a ladder used by the centre’s maintenance man. Mr V is distracted by a boy shouting just as the ladder falls on his head. He wants to sue.

Above the centre is the office of STU advertising agency. They hire PQR exterior decorators. PQR uses an electric lift, which shorts out the electricity in the whole building, losing business for Miss Z for the rest of the day. She wants to sue.

The next day, a worker for PQR knocks a tin of paint off their lift. As it falls toward a car parked below, the car’s owner uses his brief case to protect the car, deflecting the paint onto Miss Z’s car. Miss Z wants to sue PQR, but they claim novus actus interveniens.
SCENARIO 5

The facts: Mr O works on reception part time, in return for using the weights room for free. For several years he has been selling an illegal steroid to other weightlifters that causes impotence. Miss Z knew nothing about the activity, but two weightlifters want to sue her.

One evening, as Mr O is leaving work, he sees Mr N trying to break into his car. In a rage he attacks Mr N and puts him in hospital. Mr N wants to sue Miss Z as Mr O’s employer.

Mr O is asked to work late one evening, and misses his usual evening period with the weights. Miss Z suggests he works out alone after closing time, even though this is against company rules. He is found unconscious the next morning after dropping a barbell on his head, and now suffers dizzy spells. He wants to sue Miss Z.
Report Format
Reports must be printed, and presented in the following format:
• Word-processed in 11 Font Arial with 1.5 line spacing.
• All pages must be numbered, margins must be Microsoft Word default. Headers and footers may be outside these margins.
• Reasonable appendices may be used for relevant supporting information.
• The assignment must have a front cover provided by your module leader
• Your report must not exceed 1800 words. The word count does not include title, contents pages and appendices. Ill informed waffle will be spotted from a long way away, yet still need to be read. During my Sunday. I won’t be pleased. Don’t do it.
Your assignment will be assessed against the following assessment criteria:

Outcomes Assessment criteria for pass; To achieve each outcome a learner must demonstrate the ability to:
3 Understand the principles of liability in negligence in business activities 3.1 Contrast liabilities in tort and contract law
3.2 Explain liability in negligence
3.3 Explain how a business can be vicariously liable
4 Be able to apply principles of liability in negligence in business situations 4.1 Apply the elements of tort of negligence and defences in given business scenarios
4.2 Apply the elements of vicarious liability in given business situations

Deadline Thu March 15th

Submissions made late or without a viva (live discussion) cannot be awarded merit or distinction credits.

You may arrange to have your viva earlier than the 15th.

Excuses about cats and buses and thieves and aliens will not be entertained.

Grade Descriptors – you need to show each at least once in this task or the next.
A pass grade is achieved by meeting all the requirements defined in the pass assessment criteria for each unit
Merit descriptors Indicative characteristics Distinction descriptors Indicative characteristics
In order to achieve a merit the learner The learner’s evidence shows: In order to achieve a distinction the learner must: The learner’s evidence shows:
M1 • identify and apply strategies to find appropriate solutions • that additional relevant legal issues have been identified in terms of the legal principles as well as case law.

• that further application of these additional relevant legal rules and principles have been related to the case study, and these have been constructively used to influence and develop their arguments

• reasoned solutions have been presented to complex problems with more than one variable being considered; and the implications of these variables on the results of the case study requirement being described in their responses. D1 • use critical reflection to evaluate own work and justify valid conclusions • reasoned and detailed conclusions have been reached on the basis of synthesis from a wide variety of sources.

• critical reflection through the detailed consideration, and significant extent of this, of each legal principle as well as the validity and relevance of the case law examples used.

• a detailed “on-balance” perspective has been a significant part of the reasoning behind the detailed analysis and evaluation of the legal principles and case law examples.

• the validity of solutions has been evaluated with a structured and logical level of debate and consideration of each aspects of the legal principle and supporting Case Law examples.

• in terms of the Case Law examples, there has been demonstrated a significant level of debate to define, in a conclusive approach, why the chosen examples are relevant to the argument that has been put forward.

M2 • select / design and apply appropriate methods / techniques • a range of appropriate legal methods and techniques have been applied to solve the specific law-based problems of the case study.

• that these legal methods and techniques have been applied and considered with depth and detail;

• that these legal methods and techniques have been constructively used to influence and develop their arguments

• a broad range of credible primary and secondary sources of information have been used to develop their arguments in responding to the requirements of the assignment.

• this broader spectrum of reading not only relates to the legal principles, but also additional case law examples that are used within these legal methods and techniques to support the development of their arguments

• that this broad spectrum in reading has been used to influence and construct their arguments.
D2 • take responsibility for managing and organising activities • an approach of a clear autonomy/independence in research, planning and structuring their responses to the assignment.

• that this planning has been demonstrated by their own original critical approach indicative to the extent of evidence researched around the legal principles and case law.

• substantial critical activities and/or investigations have been planned, managed and organised in developing their response to the requirements of the case study

• how these activities have critically lead them to uncover additional, relevant and appropriate implications around legal principles and case law.

• clearly defined research criteria, with little requirement for guidance; and they have obtained good quality information that they have successfully applied and critically synthesised with detail into their assignment.
M3 • present and communicate appropriate findings • a clear appropriate structure, which not only has been used to communicate their solutions but also how they have determined these solutions; and this reinforces the direction and conclusions of their arguments with quality supporting evidence

• logical and coherent arguments have been presented with additional depth and detail

• a clear and constructive use of legal language/terminology that is accurately used in context of the case study with few mistakes
D3 • demonstrate convergent, lateral and creative thinking • original ideas, through the critical interpretation and application of legal factors and case law, have been generated.

• a creative approach in the way they have determined the solutions that are presented within the assignment in a critical and systematic way.

• convergent and lateral thinking has been applied in considering the different viewpoints when several relevant examples of case law are interpreted and used to justify arguments in line with any other influencing factors to determine a solution for the case study requirements

• a capacity for innovation and creative thought in critically analysing and evaluating their responses to the requirements of the case study