Legal Rules to Produce Appropriate Solutions - Law Assignment Help

Assignment Task :

Through the medium of tort law, to contribute to the development of a student’s ability to  analyse situations that are legally problematic and to evaluate the purpose and functioning  of legal rules. 
 
On successful completion of this module students will be able to: 
LO 1 Explain and critically evaluate the key principles of the law of  tort, and reflect on their role in resolving disputes involving  individuals, businesses and organisations.  
LO 2 Assess factual situations and analyse, formulate and apply  legal rules to produce appropriate solutions to complex  problem scenarios  
LO 3 Research the relevant law using original source material  (including law reports and statutes) and use the results of such  research to present and defend a coherent argument in support  of a proposition 
 
 
QUESTION 1 
In his article, “Beyond the will-o’-the wisp: duty of care after the death of the three-stage  Caparo test”1, Olinga Tahzib states: 
“It is ironic in the face of such clear statements that for nearly three decades since Caparo,  Lord Bridge’s speech was treated as having laid down a general test, composed of three  limbs, for determining the existence of a duty of care. A series of recent cases of the  Supreme Court—in particular, Robinson v Chief Constable of West Yorkshire Police 4 — have decisively dispelled this misinterpretation.” 
Critically analyse this statement using examples from case law to illustrate your argument as  to whether you agree or disagree with this statement.  
 
QUESTION 2 
Jack and Jill had been going out together for a while when Jill decided to end the  relationship. The main reason for Jill’s decision was that she knew that Jack had a violent  streak and had seen him involved in fights, most of which he had instigated. Jill was very  troubled by this aspect of Jack’s personality. 
When Jill told Jack about her decision he became agitated and pleaded with her not to  break things off. However, nothing violent happened between them and when Jack  eventually calmed down he seemed to accept Jill’s decision. 
Over the following months Jack went off the rails. Jill heard from friends that Jack had been  arrested several times for fighting. There was no contact between Jill and Jack during this  time. 
Then, one summer evening, when Jill was sitting in her front garden, she received a call on  her mobile phone. At first the caller remained silent but after a few seconds she heard Jack  laughing hysterically before he said “Here’s Johnny – I’m just around the corner and I’m  coming to see you.” 
Jill ran into her house and locked the door. She then saw Jack, who had entered the house  by the rear, standing in her kitchen. Jill was terrified as Jack advanced towards her with  one arm behind his back, seemingly concealing something. Jill ran into her sitting room,  followed by Jack, who closed and locked the door behind himself before backing Jill into a  corner. Then inches away from Jill he pulled out a sawn-off shotgun which he had been  holding behind his back and brandished it wildly in the air before placing it to his own head.  Jack then threatened to shoot himself if Jill did not agree to take him back. In the agony of   the moment Jill said “Okay, okay, just give me the gun.” Jack handed over the weapon  which turned out not to be loaded. 
After this, Jill collapsed in shock on her settee. Jack sat down next to her and gently took  her by the hand and kissed her once on the cheek. He then started to cry and apologize,  trying to explain himself. When Jill recovered her composure, she told Jack to leave, which  he did straightaway. Jill then left her house and went directly to stay with some friends. 
Advise Jill as to any potential civil claims she may have. Please note that no credit will be  given for discussion of criminal liability. 
 

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