Assessment Information/Brief 2020-21

To be used for all types of assessment and provided to students at the start of the module.

Information provided should be compatible with the detail contained in the approved module specification although may contain more information for clarity.

Module titleTort Law
CRN35591
Level4
Assessment titleAssignment 2
Weighting within moduleThis assessment is worth 50% of the overall module mark.
      Assessment task details and instructions              Assignment Questions:     Students are required to answer TWO out of THREE Questions:   Richard owns a nice house which has a lovely big garden where he likes to spend his evenings. The garden shares a fence with his neighbour, who loves dogs. In fact, the neighbour currently owns five dogs, which live outside in dog kennels. Richard is very unhappy with the foul smell emanating from the neighbour’s garden. This prevents him from enjoying his evenings in his own garden.   Richard also has his friend Usman visiting him from Pakistan. Usman has an allergy to dog hair. Usman is now claiming that that the presence of so many dogs on the adjacent property gives him an allergic reaction and prevents him from enjoying the garden.   Advise Richard and Usman (1000 words)   John was walking one of his dogs when he heard the sound of a car accident, taking place around the corner. On turning the corner, he saw a person seriously injured on the ground with blood pooled around him. John realised that the victim was his friend Boris when he recognised the car. Since seeing this, John has developed anxiety.   Advise John (1000 words)   Donald was driving to work when he crashed into a tree. The accident happened because Donald was on his phone to his best friend Lucifer. Donald broke his leg as a result of the accident and was taken to the nearest hospital by ambulance. During the journey, the NHS ambulance driver, Joe, got a phone call from his brother, which he answered. The conversation distracted him from driving which led to a further accident. Donald suffered additional injuries in this accident which eventually led to his leg being amputated.   Advise Donald (1000 words)       End of the questions.                 Description of the Task: Students are required to answer two questions out of three with 1000 words for each answer. Each question carries equal weight.         Instructions: This assignment should be properly referenced with all sources to be clearly cited and highlighted in order to avoid plagiarism. In addition, there are websites which students ARE NOT allowed to use (e.g. LawTeacher.net and Wikipedia).   Students should use ILAC (Issue/Law/Application/Conclusion) in order to answer the problem question. Refer back to your seminars in order to remind yourselves on how to use and apply ILAC. Since each question is different, use ILAC for each question.   Students should ensure that the assignment structure is clear. In addition, the assignment should be proofread in order to ensure that no grammatical mistakes are present. Students should use professional language. The bibliography should be attached to the assignment (on a separate page) with all the cases and other relevant sources clearly listed. Note that bibliography is not included into a word count.   In addition, your assignment should have a Cover Page which would provide a following information: the name of the course, the name of the assignment, student’s ID number, word count and a date. Please ensure that NO NAME is put on a Cover Page.   Don’t (the below might incur penalties): Use improper/incorrect/poor references—OSCOLA should be usedUse unofficial sources, i.e. Wikipedia, LawTeacher.net and other similar sources (please note that Turnitin will always pick up these sources)Make grammar mistakes and ensure an assignment is proof-read before the submissionPlagiarise—students will be reported for plagiarism   Do: Follow a structure in order to produce a concise and good answerRead and analyse case law of your choice and decide how you are going to discuss them in your assignmentGive yourself plenty of time to write your answer to produce a good workApply ILAC            
    Knowledge and Understanding               Practical, Professional or Subject Specific Skills  Assessed intended learning outcomes On successful completion of this assessment, you will be able to:   1. Demonstrate a theoretical and practical understanding of the role of the Law of Tort within the English legal system and society generally. 2. Critically analyse and evaluate the general principles of the Law of Tort as developed by the common law and through a variety of methods of statutory interpretation. 3 Demonstrate a detailed knowledge of a range of specific torts, defences and remedies. 4. Make critical judgements about the relationship between the Law of Tort and the Law of Contract.     1. Demonstrate professional skills and attitudes through attendance and participation in programmed activities 2. Demonstrate a professional and academically applied use of appropriate legal language and conventions of referencing and citation. 3. Demonstrate the ability to critically analyse and evaluate general legal principles as developed by the common law and through a variety of methods of statutory interpretation. 4. Develop the ability to form coherent and supported legal arguments pertaining to different legal areas and issues.  
Module AimsTo develop an understanding of the general principles of the Law of Tort. To study in depth a range of commonly occurring torts, defences and remedies. To link the theoretical framework of the Law of Tort to its practice and enforcement as introduced in the English Legal Process module. To consider the interface between the rules of tort and contract (in conjunction with the Law of Contract module). To critically review the capacity of the Law of Tort to adapt to the changing needs and expectations of society.        
  Word count  Your assessment should be2000 words   There is a 10% leeway permitted if needed, thus you may exceed the word count within said 10% which amounts to NO MORE than 2200 total words.   If the words exceed 2200, then markers will cease considering content for the purpose of grading and feedback once the stated maximum length has been exceeded and award marks ONLY on the basis of work within the stated acceptable upper limit of length.   You MUST include a word count with your work.   NB: The bibliography is NOT included within the word count. However, footnotes ARE INCLUDED within the word count.     
Feedback arrangements  You can expect to receive feedback 3 weeks after the submission date.      
Assessment Information   Personal Mitigating Circumstances   Personal Tutor/Student Progression Administrator  If you have any questions about assessment rules, you can find further information in Blackboard in the Assessment Support area.   If personal mitigating circumstances may have affected your ability to complete this assessment, you can find more information about personal mitigating circumstances procedure here.     If you have any concerns about your studies, contact your Personal Tutor or your Student Progression Administrator.  
Assessment Criteria  Assessment Criteria The attached guidance is in addition to the general assessment criteria guidelines for degree classifications contained in your level handbook.  Your attention is also drawn to the School policy on plagiarism and referencing and you should make reference to the University study guide web site   40-49   This will be mainly basic, descriptive, and representative with a very limited independent analysis. The discussions in conjunction with relevant case law are descriptive and involve limited levels of evaluation. Limited use and analysis of other relevant case law. The drawing of a conclusion is limited and generally lacks a coherent argument.  In general, whilst the submission demonstrates an understanding of the basic concepts, it is largely descriptive with a general focus and limited use of either case law or academic commentary to reach a sound conclusion.   50-59   Discussions surrounding the question posed demonstrates a reasonable understanding of the subject.  Whilst academic discussions in conjunction with relevant case law arguments demonstrate an acceptable knowledge, you have failed to develop your argument in a structured manner.  Reference to primary and secondary sources are descriptive and illustrative yet raise some interesting points.  The drawing of a conclusion is limited, as is the description within essay, and generally lacks a coherent argument.  In general, the submission demonstrates a reasonable understanding of the key points but the analytical and evaluative aspects of the submission lack focus.     60-69   Essays in this mark range will show a good understanding of the question posed. An academic discussion in conjunction which demonstrates a good knowledge of the keypoints and there is aconstructive use of primary and secondary sources. The conclusion includes some good points and reaches a balanced conclusion. In general, the submission demonstrates a good understanding of the subject with relevant primary and secondary sources     70 +   A discussion relating to the current position of the law in this area demonstrates an excellent understanding of the main concepts.  Academic discussions in conjunction with the use of relevant case law demonstrates an excellent knowledge of the key points and includes a constructive use of primary and secondary sources. The conclusion includes some excellent points and includes some excellent commentary which discusses the main issues.  In general, the submission demonstrates a detailed and excellent understanding of the subject.
In Year Retrieval Scheme  Your assessment is not eligible for in year retrieval. If you are eligible for this scheme, you will be contacted shortly after the feedback deadline.  
  Reassessment    If you fail your assessment, and are eligible for reassessment, you will be informed of the reassessment period. For students with accepted personal mitigating circumstances, this will be your replacement assessment attempt.  Students should be aware that there is no late submission period at reassessment (this includes those students who have an accepted PMC request from a previous attempt).