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LW188: Tort Law - Rupert is a Passenger in a Car Driven by Alicia - Essay Writing Assessment Answers
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Internal Code: 1ICIC
Tort Law - Essay Writing Assignment
LAW OF TORT (LW188) ASSIGNMENT 2017/2018 – Re-sit. The re-sit coursework assessment task, which comprises 30% of the final mark for the module, is a problem question on issues relating to psychiatric injury: Rupert is a passenger in a car driven by Alicia. He is travelling to work with a fellow passenger Donald. Alicia fails to notice a broken down car that has stopped at the side of the road and brakes violently, skidding and losing control of the car. Cathy is a pedestrian who witnesses the car travelling towards her at speed. At the last moment the car veers away from her and spins into a lamp-post. Shaken up by the incident Cathy suffers a re-occurrence of a depressive illness. Brian, a passer-by, witnesses the accident and rushes over to see if he can help. He drags Rupert from the mangled wreckage and administers first aid. Some months later he has nightmares and flashbacks and is unable to hold down his job due to this certified mental disturbance. Jerry is a fire fighter who by coincidence is Alicia’s estranged father who arrives at the incident minutes after the crash had occurred. Alicia has been thrown from the car and is seriously wounded on the grass verge. The trauma of the event causes Jerry to suffer a form of clinical depression. Janice, Rupert’s sister, hears the news of the crash on the radio. She rushes to the hospital and arrives at the same time as the ambulance. She sees Rupert for a few moments just before he is admitted to intensive care. His condition deteriorates and he dies after 72 hours. As a consequence of this experience Janice suffers from clinical depression. Donald has been declared dead at the scene and is taken straight to the hospital mortuary. His mother Agatha arrives several hours later and is taken to identify her son. As a consequence she suffers a nervous breakdown. Advise all the injured parties. LEARNING OUTCOMES BEING ASSESSED This task is assessing the following module learning outcomes, and you must therefore demonstrate achievement of these learning outcomes to be awarded a pass mark:- State the relevant requirements for liability in respect of the relevant test for duty of care in negligence for this type of loss.
- Demonstrate a knowledge and understanding of the leading relevant cases.
- Apply that knowledge to the problem scenario.
- Locate, extract and appraise information from the key cases, including the acknowledgement and referencing of sources.
- Demonstrate a capacity for appraisal of argument and evidence, with the ability to recognise potential alternative conclusions for particular situations, and provide supporting reasons for them.
- Make reasoned judgements based on an informed understanding of standard arguments in the relevant area of law.
- Act independently in planning and managing tasks and identifying necessary resources.
- Use standard paper and electronic resources to locate up to date information.