Critically evaluate the justification for vicarious liability and consider whether the rules are fair to both claimant and defendant.
Problem Question & Evaluative Essay

Recommended Reading – Tort Law Part 1
Cooke, J., Tort Law (2010, Longman)
Horsey & Rackley, Tort Law (2009, OUP)
Bermingham & Brennan, Tort Law Directions (2010, 2nd Edition, OUP)
Harpwood, V., Modern Tort Law (2009, 7th Edition, Routledge Cavendish)

You must use the OSCOLA referencing method in your assignment.
As part of the formal assessment for the LLB (Hons) Common Law you are required to submit a Tort Law Part 1 assignment. Please refer to your Student Handbook for full details of the programme assessment scheme and general information on preparing and submitting assignments.

Learning Outcomes:

After completing the module you should be able to:
1. Critically analyse the aims and legal principles of tort law

2. Critically evaluate the success of tort law in meeting the needs of society.
3. Critically interrogate key judgements on a selected theme to reach well reasoned conclusions.
4. Select and apply the principles of tort law to problem and essay questions to a variety of situations
5. Demonstrate a capacity for legal research and independent learning by locating and employing relevant information obtained from primary and secondary sources, electronic or otherwise.
6. Communicate knowledge and understanding in written form using appropriate legal terminology.

This assessment is comprised of two parts which assess Learning Outcomes 3-6. You must answer all parts.

Part A has 70 marks. Part B has 30 marks.

Assignment Task
Part A
Scenario
Perry has just started work as an apprentice for Brooster’s Builders. He asks Bert for a hard hat and also complains to him that Jakob and Tom keep playing jokes on him by removing safety clips on platforms where he is working. Bert tells Perry to grow up and stop moaning. One day a workmate loosens the safety clip on Perry’s scaffolding and Perry falls off breaking both legs and suffering a blow to the head.
Perry is taken to Hopeless Hospital where a doctor diagnoses and treats Perry’s broken legs. The doctor does not notice that this is a complex fracture and as a result, Perry is permanently disabled. Had he been treated correctly, he would have made a full recovery.
Assess the possible liability of the parties
(70 marks)

Part B
Critically evaluate the justification for vicarious liability and consider whether the rules are fair to both claimant and defendant.
(30 marks)

Note:
Higher marks will be awarded for answers that include appropriate analysis and evaluation of the key issues, supported by relevant use of literature that indicates wide reading.

Guidelines:

You MUST underpin your analysis and evaluation of the key issues with appropriate and wide ranging academic research and ensure this is referenced using the OSCOLA system (See ‘OSCOLA Referencing Information and Guides in the My Study Skills Area).
You must use the OSCOLA referencing method in your assignment.

What is Referencing

A referencing system gives credit to sources that you have used in your writing. They provide shortcuts to the authority which is used to support your arguments and ideas. A referencing system provides you with the essential means to attribute the work of other authors in your writing. This is essential at both undergraduate and postgraduate level. There are a variety of referencing systems, some of which are subject specific. The requirement of the LLB Common Law is that you use OSCOLA (Oxford Standard Citation of Legal Authorities)

Additional notes:

Word count: 3000 words (maximum)

The word count excludes the title page, reference list and appendices. Where assessment questions have been reprinted from the assessment brief these will also be excluded from the word count. ALL other printed words ARE included in the word count. Printed words include those contained within charts and tables. See ‘Word Count Policy’ in the module homepage for more information.