ort 2
Case Analysis
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 2 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 assesses Learning Outcomes 1-6. You must answer all parts.
Assignment Task – Please complete Part A and Part B
Part A
Read the full judgments in the following cases:
Tomlinson v Congleton Borough Council [2003] UKHL 47
Keown v Coventry Healthcare NHS Trust [2006] All ER (D) 27
Using these judgments, present a critical analysis of the legal and social background which has led to the current understanding of what will constitute a breach of the Occupier’s Liability Act 1984.
(50 marks)
Part B
Answer the following question:
With reference to decided cases examine and evaluate the extent to which a duty of ‘common humanity’ should be owed to a trespasser and the circumstances in which this duty can be legitimately discharged under s.1(5) & (6) Occupiers’ Liability Act 1984. (50 Marks)
Key Text (recommended to purchase):
Cooke, J., Tort Law (11th Edition Longman 2013)
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).
OSCOLA Referencing
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.
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