TMA03 - Lords’ Decision In Donoghue v Stevenson [1932] AC 562 Case Study & The Process of Judicial Decision - Law Assignment Help

Assignment Task

Question 1 

Describe logical reasoning, and discuss whether it was the principal basis of the Lords’ decision in Donoghue v Stevenson [1932] AC 562. 

Question 2 

Wei had just bought a new motorbike to celebrate passing his motorbike test. It was the first time he rode his new bike on a public road. 

When approaching a pedestrian crossing, he looked down to check his speed. At that moment, he failed to notice that Sean had started to hurry across the crossing, whilst the traffic lights were still green. Wei looked up but it was too late to avoid hitting Sean. 

Sean suffered serious injury to his arm. The contents of Sean’s shoulder bag – including his Android tablet and a bottle of champagne – were smashed in the collision. 

Wei was also taken to hospital, where tests confirmed that he was not seriously injured. While at the hospital, he heard that the bottle of champagne was for Sean’s wife, Mary, to celebrate their wedding anniversary. Feeling remorseful, he went to a local corner shop on his way home from the hospital to buy a bottle of champagne for Sean. Janice, the shop assistant, did not realise that the shop was not licensed to sell alcohol. She sold him the bottle of champagne.

a. Advise whether Wei is likely to be held liable in civil law for Sean’s physical injuries and damaged property. 

b. Explain whether Janice is guilty of selling alcohol without a licence. You are not required to consider any defences she might have. 

Question 3 

a. Look back at your answer to Question 3(d) of TMA 02. Explain how you used the piece of feedback that you identified in your answer to that question when preparing TMA 03. 

b. Reflect on your essay-writing skills to answer the following questions about your approach to Question 1 of this TMA. 

i. Did you write a plan before starting to write your essay? 

ii. Did you include an introduction that linked to the 

question

iii. Did you include a conclusion that linked to the question? iv. Did you review your answer before submitting it? 

v. Identify one thing you will do to improve your essay-writing skills in preparation for the emTMA. 

Learning outcomes 

• Knowledge and understanding: 
• describe and discuss the process of judicial decision making and logical reasoning 
• explain and apply the concepts of civil liability and strict liability.

Skills: 

• identify the characteristics of a legal argument 
• select and apply legal principles and legal authority in a logical and coherent way 
• appropriately cite and reference primary and secondary sources of law, and other legal information 
• respond appropriately to feedback received from previous work. 

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