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BANKING ACADEMY, HANOIBTEC HND IN BUSINESS (FINANCE)

GROUP ASSIGNMENT COVER SHEET

NAME OF GROUP

UNIT TITLE Unit 5: Common Law 1

ASSIGNMENT TITLE Business Contract

ASSIGNMENT NO 2 of 2

NAME OF ASSESSOR Ms. Doti Chee

SUBMISSION DEADLINE 6th June 2011

I, __________________________ hereby confirm that this assignment is my own work and notcopied or plagiarized from any source. I have referenced the sources from which information isobtained by me for this assignment.

________________________________ _________________________

Signature Date

Serial

No

Group member (Vietnamese Name) Group member

(English Name)

Class

FO3

Student no Signature

1 Leader:

2

3

4

5

---------------------------------------------------------------------------------------------------------------------------

FOR OFFICIAL USE (Course Administrator)

Assignment Received By: Date:

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Unit Outcomes

Outcome Evidence for thecriteria

FeedbackAssessors

decisionInternal

Verification

Examine therole of the

Law of Tortin business

activitiesassessingparticularforms oftortiousliability

(3)

Describe thenature of generaltortious liabilitycomparing andcontrasting tocontractual

liability

a

Explain theliability applicableto an occupier of

premises

b

Discuss thenature of

employersliability withreference to

vicarious liabilityand health and

safetyimplications

c

Distinguish strictliability fromgeneral tortuous

liability

d

Understandand apply

the elementsof the Tort

ofNegligence

(4)

Explain andunderstand the

application of theelements of the

Tort ofNegligence

a

Analyse thepractical

applications ofparticular

elements of theTort of

Negligence

b

Merit grades awarded M1 M2 M3

Distinction grades awarded D1 D2 D3

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Outcome Evidence for thecriteria

FeedbackAssessors

decisionInternal

Verification

Comments by Assessor - Common Skills

A B C D E F G

Assignment( ) Well-structured; Reference is done properly / should be done (if any)

Overall, youve

Areas for improvement:

ASSESSOR SIGNATURE DATE / /

NAME:..........................................................................................

(Oral feedback was also provided)

STUDENT SIGNATURE DATE / /

NAME : .............................................................................

FOR INTERNAL USE ONLYVERIFIED YES NO

DATE : ...........................................................................

VERIFIED BY : ...........................................................................

NAME : ...........................................................................

COMMON SKILLS & COMPETENCIES ASSESSED (indicated by X)

A. MANAGING & DEVELOPING SELF D. MANAGING TASKS & SOLVING PROBLEMS

1. Managing own roles & responsibilities 12. Use information sources X2. Manage own time in achieving objectives 13. Deal with a combination of routine & non-routine tasks

3. Undertakes personal and career development 14. Identify & solve routine & non-routine problems

4. Transfer skills gained to new/changing situations & contexts

B. WORKING WITH & RELATING TO OTHERS E. APPLYING NUMERACY

5. Treat others beliefs and opinions with respect 15. Applying numerical skills and techniques

6. Relate & interact effectively with individuals & groups

7. Work effectively as a team member F. APPLYING TECHNOLOGY

C. COMMUNICATING 16. Use a range of technological equipment and systems

8. Receive and respond to a variety of information G. APPLYING DESIGN AND CREATIVITY

9. Present information in a variety of visual forms 17. Applying a range of skills and techniques to develop a

variety of ideas in the creation of new / modified products,services or situations10. Communicate in writing X

11. Participate in oral & no-verbal communication 18. Use a range of thought processes

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SCENARIO

You are employed as a legal executive in a firm of solicitors. A client has come andseeking advice on several claims, which have recently arisen. You are required to

write a report for the following claims:

Task 1

Describe the nature of general tortuous liability comparing and contrasting tocontractual liability. (3 a)

Claim 1:

Prime Computers has a few sumptuous fruit trees besides a fence in the factory. Themanagement were aware that children got through a gap in the fence reported thematter to the police but had neither fenced them off nor put up a warning sign. A six

year old child died after eating some apples containing poisonous seeds which areobviously not to be consumed.

Explain the liability applicable to an occupier of premises (3b)

Claim 2:Peter is the delivery driver of Prime Computers for 3 years. Peter was caught givinglifts to his relatives before and was given notice by the firm forbidding him to give liftsanymore. His best friend, Johnny called Peter to ask for a lift was killed in anaccident.

Bob works for Prime Computers in the purchasing department for 5 years. Two yearsago, Prime Computers introduced a no smoking policy in the office, but have donenothing to enforce it. They are aware that Bob is an asthmatic who has graduallybeen forced to take more and more time off work because of the effects of tobaccosmoke, arising from the fact that 7 of the 10 people employed in the office smoke.Bobs doctor had advised him that he may have to give up work or he might sufferpermanent damage from the exposure to so much smoke. In addition, Bob has high

blood pressure and this may increase his risk for stroke and heart attacks.

Lydia is employed by Prime Computer as a computer operator. Her main task isword-processing; although she is trained in this, she has had no training in healthand safety issues. As a result she spends many hours without a break at thekeyboard. Over a period of five years she developed repetitive strain injury whichleaves her with a permanent deformity in her hands.

Explain the liability applicable to the staff and discuss the nature of employer

liability with reference to vicarious liability and health and safety implicationsof his employees. (3c)

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Task 2

Distinguish strict liability from general tortuous liability with reference to PrimeComputers. (3d)

Claim 3:

Mr. Winslows second son, Tom received a phone call from the hospital. He wasinformed that his girlfriend was seriously injured and needed an operation.Accompanied by his father, he speeded along the high street. He ignored his fathersadvice to slow down and knocked down a young cyclist before crashing into anddamaging the front of a nearby watch shop, 25 Hours.

The cyclist, Chris aged 7 was killed in the accident and his mother saw the accidentfrom inside of the watch shop suffered nervous shock. Mr. Winslow, who had notbeen wearing a seatbelt, suffered facial lacerations and a broken leg. He was taken

to hospital, where Dr. Murphy gave him an anti-tetanus injection which unfortunatelyproduced in Winslow an allergic reaction, causing brain damage.

Clam 4:

While the watch shop, 25 Hours was being repaired, the neighbouring cafe store,Mondi Expresso Bar, suffers a loss of trade because potential customers find itdifficult to negotiate the building works surrounding their shop.

Related to Claim 3 and 4, you are required to:

Explain and apply the various elements of the tort of negligence and analyse

the practical applications of breach of duty and remoteness in the givensituation (4 a, b)

GRADING

Pass is achieved by meeting all the requirements defined in the assessmentcriteria.

Merit Select and apply appropriate techniques (M2)

Characteristics / Possible Evidence Select and apply appropriatelegal rules using of various case examples related to tortuous liabilityand tort of negligence for the given claims.

Present and communicate appropriate findings (M3)

Characteristics / Possible Evidence logical development of principlesand concepts related tortuous liability and tort of negligence. Presentdata using a range of case examples to support your explanation.

Distinction Take responsibility for managing and organizing activities (D2)

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Characteristics / Possible Evidence independence demonstrated andsubstantial investigation have been planned and organized related totortuous liability.

Demonstrate convergent, lateral and creative thinking (D3)

Characteristics / Possible Evidence problem have been solved withevidence of good understanding and innovation and creative thoughthas been used related to tort of negligence.

Common Skills Grading

To achieve a PASS, students answers should display receive and respond to avariety of information, legible and neat written of work, different sources ofinformation used widely and use technological equipment to aid problem solving.

To achieve a MERIT, students answers should display clear and appropriaterespond to variety of information, legible, clear and neat written of work, clear varietyof information sources used and confident in using equipment and gained knowledgefrom use of equipment.

To achieve a DISTINCTION, students answers should display clear understanding,further research undertaken; work is well structured with evidence of planning, widerange of information sources used and willingness to use a variety of equipment tofind best solution.

PRESENTATION

1. The assignment should have a cover page that includes the assignment title,assignment number, course title, module title, Lecturer/tutor name andstudents name. Attach all the pages of assignment brief/cover sheet with your

report and leave them blank for official use.

2. Ensure that authenticity declaration has been signed.

3. This is an individual assignment.

4. Content sheet with a list of all headings and page numbers.

5. A fully typed up professionally presented report document. Use 12 point Arialor Times New Roman script.

6. Your assignment should be word-processed and should not exceed from2,500 to 3,000 words in length.

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7. Use the Harvard referencing system.

8. Exhibits/appendices are outside this limit.

9. The assignment should be not contain a bibliography but should contain alist of any references used in the assignment.

NOTES TO STUDENTS FOR SUMMISSION

Check carefully the submission date and the instructions given with theassignment. Late assignments will not be accepted.

Ensure that you give yourself enough time to complete the assignment by thedue date.

Do not leave things such as printing to the last minute excuses of this nature

will not be accepted for failure to hand-in the work on time.

You must take responsibility for managing your own time effectively.

If you are unable to hand in your assignment on time and have valid reasonssuch as illness, you may apply (in writing) for an extension.

Failure to achieve a PASS grade will results in a REFERRAL grade beinggiven.

Take great care that if you use other peoples work or ideas in yourassignment, you properly reference them in your text and any bibliography.

NOTE: If you are caught plagiarizing, you could have your grade

reduced to zero, or at worst, you could be excluded from the course.