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Tortious Liability: Advice for Warwick District Council, Neighbours, and Henna

Read the scenario below and use the information contained to prepare a 2,500 words written response to the following tasks: 


a)Advise Warwick District Council in respect of their liability for Sana’s injuries and if they can be held responsible for Rosie’s actions/omissions. 

b)Advise the neighbours if they have any tortious remedy at their disposal. 

c)Is a case of defamation established in the given scenario? 

d)Advise Henna if she has any remedies available to her in torts.


Warwick District Council has opened a new car park in Warwick town centre. The terrace level of the car park building is yet to be completed but the public has already been granted access to lower levels of the car park.

The neighbours and the users of the car park have made comments on the car park’s Facebook page that the construction machinery and vehicles often block the access and exit to the building causing traffic delays in the neighbouring streets. A few users have also commented that the construction vehicles might pose a danger to children in the car park. The council has put up notices around the building asking parents to keep an eye on their children. They have also appointed parking marshals to ensure users do not block the entry and exit points of the car park. 

One afternoon, Rosie, one of the marshals, falls asleep in her chair whilst on duty. Henna comes to the car park with her 5 year old daughter Sana and their pet dog, Joey. Henna parks her car on the upper level of the car park, she unstraps Sana and walks towards the parking machine. Sana gives chase to Joey in the car park, and both are struck by a reversing construction vehicle. Sana is injured and is taken to the hospital, and Joey is instantly killed by the impact.

Henna is distressed and gives an interview to the Warwick Weekly, complaining about the “council’s irresponsibility, selfishness and the sheer arrogance of its staff members.”

1Explain critically  and apply the law in relation to employers’ tortious liability and an occupier’s  tortious liability for premises

2Evaluate the principles behind the law of nuisance and defamation 

3Apply the law in relation to the defences and remedies available in Tort law   

 

Mark band

Outcome

Guidelines

90-100%

 

1st

Meets learning outcomes

1st - Exceptional work with very high degree of understanding, creativity and critical/analytic skills.  Evidence of exceptional research well beyond minimum recommended using a range of methodologies.  .  Exceptional understanding of knowledge and subject-specific theories.   Demonstrates creative flair, a high degree of originality and autonomy.

Exceptional ability to apply learning resources.  Demonstrates well-developed problem-solving skills.  Work completed with very high degree of accuracy and proficiency and autonomy.  Exceptional communication and expression, significant evidence of professional skill set.  Student evidences deployment of a full range of exceptional technical and/or artistic skills.

80-89%

 

1st

1st - Outstanding work with high degree of understanding, creativity and critical/analytical skills.  Outstanding understanding of knowledge and subject-specific theories.  Evidence of outstanding research well beyond minimum recommended using a range of methodologies.  Demonstrates creative flair, originality and autonomy.

Outstanding ability to apply learning resources.  Demonstrates clear problem-solving skills.  Assessment completed with high degree of accuracy and proficiency and high-level of autonomy.  Outstanding communication and expression, evidence of professional skill set.  Student evidences deployment of a full range of technical and/or artistic skills.

70-79%

 

1st

1st - Excellent work with clear evidence of understanding, creativity and critical/analytical skills.  Thorough research well beyond the minimum recommended using methodologies beyond the usual range. Excellent understanding of knowledge and subject-specific theories with evidence of considerable originality and autonomy.

Excellent ability to apply learning resources.  Demonstrates consistent, coherent substantiated argument and interpretation. Demonstrates considerable creativity and clear problem-solving skills.  Assessment completed with accuracy, proficiency, and considerable autonomy.  Excellent communication and expression, some evidence of professional skill set.  Student evidences deployment of a highly developed range of technical and/or artistic skills.

60-69%

 

2:1

2:1 - Very good work demonstrating strong understanding of theories, concepts and issues with clear critical analysis.  Thorough research, using established methodologies accurately, beyond the recommended minimum with little, if any, irrelevant material present.  Very good understanding, evidencing breadth and depth, of knowledge and subject-specific theories with some originality and autonomy.

Very good ability to apply learning resources.  Demonstrates coherent substantiated argument and interpretation.  Demonstrates some originality, creativity and problem-solving skills.  Work completed with accuracy, proficiency, and autonomy.  Very good communication and expression with evidence of professional skill set.  Student has a thorough command of a good range of technical and/or artistic skills.

50-59%

 

2:2

2:2 - Good understanding of relevant theories, concepts and issues with some critical analysis.  Research undertaken accurately using established methodologies, enquiry beyond that recommended may be present.  Some errors may be present and some inclusion of irrelevant material.  Good understanding, with evidence of breadth and depth, of knowledge and subject-specific theories with indications of originality and autonomy.

Good ability to apply learning resources.  Demonstrates logical argument and interpretation with supporting evidence. Demonstrates some originality, creativity and problem-solving skills but with inconsistencies.  Expression and presentation mostly accurate, proficient, and conducted with some autonomy.  Good communication and expression with appropriate professional skill set.  Student consistently demonstrates a well-developed range of technical and/or artistic skills.

40-49%

 

3rd Class

3rd - Meet the learning outcomes with a basic understanding of relevant theories, concepts and issues..  Demonstrates an understanding of knowledge and subject-specific theories sufficient to deal with concepts.  Assessment may be incomplete and with some errors.  Research scope sufficient to evidence use of some established methodologies. Some irrelevant material likely to be present.

Basic ability to apply learning resources.  Demonstrates ability to devise and sustain an argument.  Demonstrates some originality, creativity and problem-solving skills but with inconsistencies.  Expression and presentation sufficient for accuracy and proficiency.  Sufficient communication and expression with basic professional skill set.  Student demonstrates technical and/or artistic skills.

30-39%

 

Fail

Fails to achieve learning outcomes

Fail – Very limited understanding of relevant theories, concepts and.  Little evidence of research and use of established methodologies.  Some relevant material will be present.  Deficiencies evident in analysis. Fundamental errors and some misunderstanding likely to be present.  

Limited ability to apply learning resources.  Student’s arguments are weak and poorly constructed. Very limited originality, creativity, and struggles with problem-solving skills.  Expression and presentation insufficient for accuracy and proficiency.  Insufficient communication and expression and with deficiencies in professional skill set.  Student demonstrates some deficiencies in technical and/or artistic skills.

20-29%

 

Fail

Fail - Clear failure demonstrating little understanding of relevant theories, concepts and issues.  Minimal evidence of research and use of established methodologies and incomplete knowledge of the area.  Serious and fundamental errors and aspects missing

Little evidence of ability to apply learning resources.  Students arguments are very weak and with no evidence of alternative views. Little evidence of originality, creativity, and problem-solving skills.  Expression and presentation deficient for accuracy and proficiency.  Insufficient communication and expression and with deficiencies in professional skill set.  Student demonstrates a lack of technical and/or artistic skills.

0-19%

 

Fail

Fail - Inadequate understanding of relevant theories, concepts and issues.  Complete failure, virtually no understanding of requirements of the assignment.  Material may be entirely irrelevant.  Assessment may be fundamentally wrong, or with major elements missing.  Not a serious attempt. No evidence of research.

Inadequate evidence of ability to apply learning resources.  Very weak or no evidence of originality, creativity, and problem-solving skills.  Students presents no evidence of logical argument and no evidence of alternative views.  Expression and presentation extremely weak for accuracy and proficiency.  Communication and expression very weak and with significant deficiencies in professional skill set.  Student evidences few or no technical and/or artistic skills

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