Spects of Contract and Negligence Law 2

Nature of Tasks

There will be 4 tasks to complete which will all be of equal value

SITUATION

You are employed as a legal adviser by Tevernbridge Council., and you work within the Legal and Regulatory Unit.. All the various council departments can refer to the legal unit for advice on legal matters.

The following matters have arisen, and you are under instruction to deal with them over the next few weeks.

Task 1 ( assessment criteria 3.1-3.3, word-limit guidance 700)
The Chief solicitor to the council has decided that it would be helpful for all Heads of Services in the council to have a reference booklet giving them a basic appreciation of the law relating to liability in tort.

You have been instructed to design and write the text for this booklet, to be called a?For Managers a what you need to know about tort.a? Bearing in mind that these managers are not lawyers, produce a booklet with both visuals and text , containing the following sections:

1.1 a Contrast liability in tort with contractual liability
1.2 a Explain the nature of liability in negligence
1.3 a Explain how a business can be vicariously liable


Task 2 ( assessment criteria 3.2, 4.1, word-limit guidance 700)
The Councilas Building Services Department has brought to your attention two matters which have arisen from the development of the councilas central library. The interior of the library is undergoing refurbishment which involves the building services installing new ceilings and lighting.

On the outside of the library there is new construction going on. The council has approved the construction of a new IT education resource centre, which is to be added as an extension to the existing main building. At present, the foundations are just being laid, and there is a lot of heavy plant and machinery in the area. In fact, the area is a building site, with all the typical hazards that such a site naturally contains.



The two matters brought to your attention are as follows:

i) Ted Bovis, an elderly borrower, visited the library early last week to renew his books. He was badly injured when he was hit on the head by one of the old fluorescent lights which had become loose

ii) Asad, a ten year old boy had broken his leg one evening when he had entered the construction site through a broken gap in the perimeter fence to play, and had fallen into a hole five feet deep

Draft a memorandum to Mr Leighton, Head of Building Services, advising as to any legal liability arising out of the two incidents



Task 3 ( assessment criteria 4.2, word-limit guidance 600)
An incident has occurred recently, involving an employee of the councilas Waste Management Unit. Gavin Lewis, a refuse truck driver, whilst out on his usual collection run received a phone-call from this Auntie Freda. From the telephone call, Gavin learned that Freda was suffering from a very painful toothache, and needed to see a dentist urgently. He had decided to detour from his usual route to pick her up and drop her off at the dentist in Dawchester. On the way to the dentists with his Auntie as a passenger, Gavin collided with a taxi, injuring the driver, and severely injuring his Auntie

Council drivers are instructed that it is forbidden to carry anyone in their trucks other
than council employees. There are also signs in the cabs of all council vehicles to
reinforce this instruction.

Write a briefing note to the Chief Solicitor to the Council, advising as to legal issues
arising, and in particular .whether the council is liable for Gavinas actions



Task 4 ( assessment criteria 4.1 , word-limit guidance 700)
Prepare a briefing note for the Chief Solicitor, advising as to the councilas legal responsibility arising from the following related incidents:

Jason Farrar is employed as a laboratory assistant at the Franz Liszt High School. One day he had been preparing an experiment for the Year 10 chemistry class. He had been in a hurry, and had accidentally splashed a corrosive substance in his eye. He had not been wearing safety goggles. The school only had one pair, which were kept over the road in the 6th Form Centre.

Jason ran to the toilets to wash the substance out of his eye. As a result of his impaired vision, he had not seen that the corridor floor was wet from a leaking ceiling. He had slipped and badly sprained his ankle. Later, he discovered that cones had been placed around the area of the leak, and that there was a sign alerting people to the danger, and advising of an alternative route:

DANGER !!!!!

CORRIDOR CLOSED
DUE TO WET FLOOR

PLEASE USE B FLOOR AS
AN ALTERNATIVE ROUTE



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Added on 09.12.2014 16:56
Please find the file attached