Law Tort

Law Tort
Project description
• QUESTION ?This question is divided into two parts of equal weight. We therefore recommend that you limit yourself to approximately 1,500 words for each part. ?Part (a) Consider the following problem question. ?Sally and her husband Tom run a small business in which they make ice cream that they sell to local shops and restaurants. Tom has a small herd of dairy cows that supplies the milk for the ice cream daily. ?Recently the following events occurred. ?Tom’s next door neighbour engaged a contractor, Harry Jones (‘Jones’), to resurface the driveway to his premises. Jones needed to excavate a trench in the existing driveway to provide for drainage under the new paving. In doing so, Jones accidentally cut through the electricity supply cable belonging to the electricity company and serving both premises. Evidence later showed that Jones had carelessly failed to check the site plans for the location of pipes and cables before commencing work. ?After Jones had cut through the cable, he directed one of his workmen, Rashid, to examine the damage. He did not allow time for any safety precautions, such as turning off the electricity supply and, as a result, on entering the trench Rashid suffered an electric shock. He fell backwards hitting his head on a sharp stone and was knocked unconscious. Sally witnessed the whole incident and ran to help. Rashid was first moved to an area of safety by others and then Sally administered

first aid to him. Sally was not physically hurt but since the accident she has been tormented by flashbacks which her doctor has diagnosed as post-traumatic stress disorder.
Rashid was severely injured when he struck his head and medical evidence later established that he will be unable to return to his employment as a labourer. He will only be fit for part-time light work at a much reduced salary. He is currently aged 30.
The damage to the cable belonging to the electricity supply company caused the electricity supply to Tom’s ice cream freezers to be cut off. As a result, all of the ice cream made that day thawed out and had to be thrown away. Tom lost all of the profits he would have made from sales of the ice cream.
It was not possible to repair the electricity cable for several days so Tom’s ice cream freezers remained unusable during that period. He had no other outlet for the milk from his cows, so he was obliged to throw it away instead of turning it into ice cream. This caused him to suffer a further substantial loss of profit. Once the electricity supply was restored the freezers worked perfectly again and Tom was able to re-start his ice cream making.
Advise on the following claims arising from the factual circumstances set out above. For each claim you should explain the issues that arise on the facts.
. (i) Any claim in tort that Sally may have against Harry Jones
. (ii) Any claim in tort that Tom may have against Harry Jones
. (iii) Assume that Rashid can establish a claim in negligence against Jones. Explain how the award of damages for loss of earnings will be calculated.
Advice on answering eTMA 03 Part (a)
In this question we are looking for you to demonstrate that you have met the assessment criteria in the following ways:
Knowledge and understanding
This question covers claims in negligence for pure economic loss and psychiatric harm without physical impact, and the assessment of damages for personal injury. You should explain the relevant law.
Cognitive skills
Your answer should analyse the facts of the question, and apply the relevant law to the facts.
Practical and professional skills
You should use a clear structure for your answer, clearly demonstrating your ability to solve the problems posed by the question. You should cite relevant authority to support your answer.
Key skills
You answer should be written in clear, easy to read English. It should be written logically and concisely. The style should be appropriate to a problem question.

Part (b) Research
Shortly after Tom re-started his ice cream making, he received a visit from an environmental health officer employed by the local authority. The officer told Tom that new food safety regulations had recently come into force. He advised Tom that costly building work and alterations would be required to his premises to ensure that they complied with the regulations. He provided detailed guidance to Tom on the works required. He also sent Tom a letter threatening that the ice cream business could be closed unless Tom had the work carried out. Tom could ill-afford the cost of the works, but nevertheless had them carried out. Subsequently, it became clear that the environmental health officer had been wrong in his advice to Tom. The work was unnecessary and the costs incurred by Tom were wasted.
. (i) Find a case in which a local authority incurred liability for negligent advice given by an environmental health officer about works necessary to comply with food safety legislation. Explain why a duty of care was owed to the claimant in that case and so might be owed to Tom in the circumstances set out above.
. (ii) Refer to the case of Jain v Trent Strategic Health Authority 2009 that you considered in Units 8-10. Compare it with the case you found from your research above and explain how the two cases differ. No duty of care was owed in Jain. How did the case that you researched differ so that a duty of care was owed? Do you agree that the difference in treatment between the two cases is justified?
Advice on answering eTMA 03 Part (b)
In this question we are looking for you to demonstrate that you have met the assessment criteria in the following ways:
Knowledge and understanding
You will need to demonstrate your knowledge and understanding by identifying the correct case from your research. You need to be able to explain why a duty of care was owed in that case.
Cognitive skills
You must show that you can process the knowledge and understanding that you have gained from reading the case by explaining how the reasoning on duty of care in that case would apply in the case of Tom.
Practical and professional skills
You must demonstrate that you can identify what needs to be researched and then formulate and execute an effective research strategy using primary sources.
Key skills
You must use the internet to carry out your research effectively. You should write your answer in a style that is logical and in clear English, so that it is easy to read. Your answer should allow the reader to follow your explanation and argument through to your reasoned conclusions.
Evidence of use of the internet and showing a research trail for Part (b)
As noted above, you must use the internet to research your answer for Part (b). You must also indicate as part of your answer that you have used the internet by describing briefly the steps which you took and the searches which you made in arriving at your answer. This section of your answer is part of the word limit stated above, so we recommend that it be kept brief.
This means that you will need to give a brief description of the search strategy you adopted and the searches you made. All you need to do is list the following information:
• the database(s) which you used to conduct your research.
• the search(es) which you entered into those databases(s) which gave you the information you required (you do not need to list any searches which came to a dead end).
• if not already stated in the questions, references (i.e. citations) for the cases you found.

PLACE THIS ORDER OR A SIMILAR ORDER WITH US TODAY AND GET AN AMAZING DISCOUNT 🙂