Highlights
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 stay with her for a few weeks. One evening, just as it was getting dark, Andrew’s puppy Nibbler escaped. Nibbler ran across the road and through a hole in the security fencing around the Aerodrome Hotel construction site. Andrew ran after Nibbler, squeezed through the same hole, and followed his puppy onto the construction site. In the twilight, he did not see a piling hole and, tripping over it, put out his arms to stop his fall, breaking both arms and his collar bone.
The owners (and developers) of the site – Airfield Developments Ltd (ADL) – had retained Security Onsite Services (SOS) to ‘maintain the physical boundaries of the site’ and to ‘ensure the site was secure outside of working hours’. When action is brought against Airfield Developments Ltd in respect of the injuries to Andrew, Airfield Developments Ltd, in turn, brings an action against Security Onsite Services.
Task
Write an essay that advises Airfield Developments Ltd (ADL)
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 Security Onsite Services (SOS) in respect of settling a claim under the tort of negligence (approximate word count 1,000 words).
Although you are asked to provide advice, your answer should be in an essay format, not a letter or a report. The essay will have two sections, part an (advice on the statutory obligations) and part b (advice on the most appropriate ADR form). Each section should present a reasoned, supported, argument and conclusion for that part of the task.
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