This assignment question has two parts. The first part asks you to consider the application of negligence law to this scenario and will comprise of 35% of your marks for the course. The second part asks you to consider Frederick’s ethical obligations and his actions, worth 5% of the marks.
PART A (2000 words)
Advise Will whether he may have a claim under the law of negligence. Limit any discussion of defences to contributory negligence. (35 marks)
PART B (500 words)
Using the Framework for Thinking Ethically document provided in Week 1 of the lecture materials, identify and describe the ethical approach or approaches you would have used if you were in Frederick’s position. (5 marks).
Ensure you justify your response based on the facts of this scenario
Part 1 of this assignment asks you to advise whether Will may be able to successfully pursue a claim of negligence. You are therefore required to determine whether all of the elements of negligence are satisfied and if the defendant may be able to adequately defend this claim.
Part 2 of your assignment asks you consider what ethical approach you would take in Frederick’s position.
External research is not required to complete this assignment – the course materials are sufficient. It is strongly suggested you consult the relevant part of your course materials, lectures, textbooks, tutorials and the Negligence Flowchart when crafting your response.
Use the elements of negligence and any relevant defences as your headings. You should also include an introduction and conclusion, as advised in the Negligence Flowchart.
You should use the IRAC Structure when assessing each of the legal elements and defences:
· What is the legal issue you are considering in this element?
· What are the relevant legal rules and principles used to determine whether this element or defence is satisfied?
· Ensure you cite the relevant case authorities or legislation which establish these legal rules.
· In this section we apply the legal rules to the factual scenario we are considering.
· How do the rules apply in this scenario? Why are the legal rules satisfied/not satisfied?
· Based on the legal rules and their application to this scenario, is the element or defence satisfied?
It is not enough simply to detail a legal rule or to merely apply the law to the scenario – you must do both of these things. This is how you demonstrate your knowledge of the law and your capacity to apply it.
Please note, merely reproducing the facts produced in the assignment problem will not attract marks. While you are required to draw upon the facts of the scenario to apply the law to these circumstances, lengthy repetition of the facts will detract from rather than increase the quality of your piece.
Dot-points responses are unacceptable. Your response should be in full sentences and contain proper and accurate spelling, grammar and sentencing. There is study support available from USC if you need assistance with proofreading or writing your answer.
You must cite the relevant sources of law (cases or legislation). You are not required to detail the facts of every case you apply. It is sufficient to explain the relevant test or principle from the case and then cite the case using the applicable style of referencing.
You are required to reference appropriately using the Harvard style (as is typical of the USC Business School) and include a full, accurate and appropriate reference list.