Solve this: Task 1: Contrast liability in tort with contractual liability Task 2: Explain the nature of liability in negligence
Task 3: Explain how a business can be vicariously liable Task 4: Apply the elements of the tort of negligence and defences in different
business situations
Task 5 : Apply the elements of vicarious liability in given business situations.3000 word without number of Reference / put CitationCOLLEGE OF BANKING AND FINANCIAL STUDIES
DEPARTMENT OF PROFESSIONAL STUDIES
Assignment front sheet
Assignment – 1
Qualification
Unit number and title
Pearson BTEC Level 5 HND Diploma in Business
Unit 5 – Aspects of Contract and Negligence for
Business
Semester
Batch
II
Fall 2016-17
Student name
Assessor name
Ms.Sona Narayan
Student No.
Internal Verifier (IV) name
Ms.Joyce Noronha
Date issued
20-11-2016
Due Date
Completion date
18-12-2016
Formative feedback will be provided
by 28-12-2016
Resubmission after incorporating
formative feedback: 5-1-2017
Assignment title
Learning
Outcome
LO3
Learning
outcome
Understand
principles of
liability in
negligence in
business
Understand principles of liability in negligence and be able to apply
principles of liability in negligence in business situations
Assessment
Criteria
3.1
3.2
3.3
LO4
Be able to
apply
principles of
liability in
negligence in
business
situations
Submitted on
4.1
4.2
In this assessment you will have the
opportunity to present evidence that
shows you are able to:
Task Evidence
no. (Page no)
Contrast liability in tort with contractual
liability
1
Explain the nature of liability in negligence
2
Explain how a business can be vicariously
liable
3
Apply the elements of the tort of
negligence and defences in different
business situations
Apply the elements of vicarious liability in
given business situations.
4
5
Learner declaration
I certify that the work submitted for this assignment is my own and research sources are fully
acknowledged.
Student signature:
Date:
Page 1 of 6
Source: Customised by CBFS@PSD@HND based on Pearson BTEC format: Annexure 5
In addition to the above PASS criteria, this assignment gives you the opportunity to submit evidence in order to achieve the following
MERIT and DISTINCTION grades
Grade Descriptor
Indicative characteristic/s
Contextualisation
M1 Identify and apply
strategies to find
appropriate solutions
You must identify and apply suitable case law or examples to contrast liability in tort
An effective approach to study with contractual liability (Task1). To achieve M1, You must establish strict liability in
and research has been applied. the above scenario with the help of decided cases (Task 2).
M2 Select / design and
apply appropriate
methods / techniques
A range of sources of
information has been used.
To achieve M2, you must have cited relevant case law on negligence (Task 4). To
achieve M2, you must state decided case laws to support your answer (Task 3).
M3 Present and
communicate appropriate The appropriate structure and
findings
approach has been used
To achieve M3, you must state a case law appropriate to establish vicarious liability in
the above Scenario (Task 5).
D1 Use critical reflection
Conclusions have been arrived
to evaluate own work and
at through synthesis of ideas
justify valid conclusions
and have been justified
To achieve D1, you should critically evaluate the given scenario and arrive at suitable
conclusion (Task 4). To achieve D1, you should critically evaluate the given scenario
and arrive at suitable conclusion (Task 5).
Page 2 of 6
Source: Customised by CBFS@PSD@HND based on Pearson BTEC format: Annexure 5
Assignment brief
Purpose of this assignment
The assignment enables learners to understand how the Law of Tort differs from the Law of Contract
and examines the Tort of Negligence and issues of liability pertinent to business. Additionally
assignment applies to elements of the tort of negligence and defences in different business situations
and it also helps the learners to apply the elements of vicarious liability in given business situations.
Learners by applying the above principles can explore Tort of Negligence and issues of liability pertinent
to business.
Task 1 – LO3 – Contrast liability in tort with contractual liability – 3.1 P,M1:
1. Differentiate tortious liability from a contractual liability
To achieve pass, you must contrast liability in tort with contractual liability.
To achieve M1, you must identify and apply suitable case law or examples to contrast liability in tort
with contractual liability.
Scenario 1:
Galfar Construction Company was constructing a highway. It was necessary to blast rock with dynamite. The
employees of Galfar did this with the greatest of care. In spite of their precautions, some flying fragments of rock
damaged a neighbouring house. The owner of the house Mr.Ahmed wants to take action against Galfar?
Task 2 – LO3 – Explain the nature of liability in negligence 3.2 P,M1:
1. Advice Ahmed what course of action he has against Galfar? Use decided cases on law of
negligence
To achieve pass, you must explain the nature of liability in negligence in the above scenario.
To achieve M1, You must establish strict liability in the above scenario with the help of decided cases.
Task 3- LO3- Explain how a business can be vicariously liable 3.3 P,M2
1. Define vicarious liability? Explain how a business can be vicariously liable.
To achieve pass, you must explain how a business can be vicariously liable.
To achieve M2, you must state decided cases to support your answer.
Scenario 2 :
Max, a clothing store were recently renovated and held an opening sale in their modernized premises with lots of
offers and discounts. A huge crowd of shoppers entered the store including Ibrahim. He decided to go to the
menswear department on the second floor and climbed the stairs with dozens of keen shoppers. Unfortunately, the
stairs were unable to take the weight of so many shoppers and one of the stairs gave way. Ibrahim fell three metres
away from stairs and suffered severe injuries.
Task 4 – LO4 – Apply the elements of the tort of negligence and defences in different
business situation 4.1 P,M2,D1:
1. Do you think that Max was negligent? Why or why not?
2. What is the defence that is available to Max if they are found negligent?
To achieve pass, you must apply the elements of tort of negligence and defence in the given business
scenario.
Page 3 of 6
Source: Customised by CBFS@PSD@HND based on Pearson BTEC format: Annexure 5
To achieve M2, you must have cited relevant case law on negligence.
To achieve D1, you should critically evaluate the given scenario and arrive at suitable conclusion.
Scenario 3:
Amir is a driver with Petrol Development of Oman (PDO). He was engaged in transferring petrol into an
underground storage tank of Shell Company. One day, while transferring the petrol he struck a match
to light a cigarette and this caused an explosion resulting in great damage.
Task 5– LO4 – apply the elements of vicarious liability in given business situation 4.2 P
,M3,D1:
1. Explain whether Amir or his employer is liable to Shell Company in the above case? You
may cite decided cases on the issue to support your reasoning
To achieve pass, you must Identify and apply the elements of vicarious liability to the above scenario
To achieve M3, you must state case law appropriate to establish vicarious liability in the above
Scenario.
To achieve D1, you should critically evaluate the given scenario and arrive at a suitable conclusion.
Evidence
checklist
Summary of evidence required by student
Task 1
Contrast liability in tort with contractual liability
Task 2
Explain the nature of liability in negligence
Task 3
Explain how a business can be vicariously liable
Task 4
Apply the elements of the tort of negligence and defences in different
business situations
Task 5
Apply the elements of vicarious liability in given business situations.
Evidence
presented
Guidance notes:
1. Use standard document formats and structures.
2. Word process the documents.
3. Use 12 point Arial or Times New Roman script.
4. Provide a list of references and use the Harvard referencing system.
5. Complete the title page and sign the statement of authenticity.
6. Upload the entire assignment in MS word format only on Turnitin.
7. Staple only once to keep the pages of your work together.
8. Late submission, late work will only be marked on the next occasion the unit is taught.
9. Submit the work along with the Turnitin report.
10. Collect the assignment submission form duly signed by the assessor and the learner.
11. Grades are subject to External Verification.
12. Assignments exceeding the word limit by 5\% will not be assessed.
Page 4 of 6
Source: Customised by CBFS@PSD@HND based on Pearson BTEC format: Annexure 5
Word count: Maximum word count is 4,500 words
Achievement Summary
Pearson BTEC Level 5 HND
Diploma in Business
Qualification
Unit Number and
title
Unit 5 – Aspects of Contract
and Negligence for Business
Student Number
Criteria
Reference
Assessor name
Ms.Sona Narayan
I.V. name
Ms.Joyce Noronha
Student name
To achieve the criteria the evidence must show that the
student is able to:
Achieved?
(tick)
LO3
3.1
3.2
3.3
Contrast liability in tort with contractual liability
Explain the nature of liability in negligence
Explain how a business can be vicariously liable
LO4
4.1
4.2
Apply the elements of the tort of negligence and defences in
different business situations
Apply the elements of vicarious liability in given business situations.
Higher Grade achievements (where applicable)
Grade descriptor
M1: Identify and apply strategies to
find appropriate solutions
Achieved?
(tick)
Grade descriptor
D1: Use critical reflection to
evaluate own work and justify
valid conclusions
M2:
Select/design
and
apply
appropriate methods/techniques
D2: Take
managing
activities
M3:
Present
and
appropriate findings
D3:Demonstrate
convergent/lateral
thinking
communicate
Achieved?
(tick)
responsibility for
and
organising
/creative
Assignment Feedback
Page 5 of 6
Source: Customised by CBFS@PSD@HND based on Pearson BTEC format: Annexure 5
Formative Feedback: Assessor to Student
Action Plan
Summative feedback
Feedback: Student to Assessor
Assessor Signature
Date
IV Signature
Date
Student Signature
Date
Page 6 of 6
Source: Customised by CBFS@PSD@HND based on Pearson BTEC format: Annexure 5
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