Highlights
Task:
Learning outcomes
Code Description
LO1 Describe and discuss the role of law, its sources (Common Law, Equity, Statute and European Law) and the workings of the court system.
LO2 Describe and evaluate methods of alternative dispute resolution.
LO3 Describe the elements of contract and tort law, the ambit of contract and tortuous liability and the rights and duties of persons relating to contract and tort.
LO4 Prepare reasoned advice on a range of straightforward legal problems.
Scenario
Mrs Flybynight lives at number 4 Douglas Bader Way. Last autumn, she had her 16-year old nephew Andrew and his puppy to stay with her for a few weeks. One evening, just as it was getting dark, Andrew’s puppy Nibbler escaped. Nibbler ran into Barnes Wallace Close and through a hole in the gate to the back garden of number 1 Barnes Wallace Close, which is unoccupied. Andrew ran after Nibbler, calling for his puppy to come back. When Nibbler went through the hole in the gate,Andrew jumped over the low chain and post fence around the garden, but in the twilight, he didn’t notice the edge of the ornamental pond that was hidden in the unmowed grass. Tripping over the pond edge, he put out his arms to stop his fall, breaking both arms and his collar bone.
The owners of the property – Mr & Mrs Marshall – had retained Security Onsite Services (SOS) to ‘maintain the grounds of the property’ and to ‘ensure the property was secure whilst unoccupied’. When action is brought against Mr & Mrs Marshall in respect of the injuries to Andrew, the Marshalls in turn bring an action against Security Onsite Services.
Task
Write an essay which advises the Marshalls
a. of their statutory obligations, with regard to Andrew Flybynight, using appropriate case law to provide legal authority (approximate word count 800 words).
b. on the most appropriate form of Alternative Dispute Resolution (ADR) to undertake with SOS in respect of settling a claim under the tort of negligence (approximate wordcount 1,000 words).
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