contract_2_2012

Higher National Front Sheet v1.2 (for u starting September 2009)

Issue Date: July 2009

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Higher National Asssment Front Sheet

Administrative Details

Note: Assignments will not be accepted for asssment without your signed front sheet.

Student Name: 1st

BTEC

Programme MM369 HNC/D Business

Title

Unit Title Unit No 5

Assignment Assignment

Title Reference No

Asssor Submit

Name Assignment to

Year of Cour

(1 or 2)

stnd

Programme

Number

Aspects of Contract and Negligence for

Business

2 CL2

P Yenulevich P Yenulevich

Date of Issue Date submitted Date Submitted

24/04/ 2012

Required Extension Submission Date

Submission Date(if agreed)

Late submission –

If you are unable to submit your assignment on the required date, you must discuss the issues with your tutor and the

Cour Manager. If you are granted an extension, you must complete and submit an Assignment Extension Form in accordance with the

Late Submissions Procedure (available in your cour handbook and on the HE Quality site of the VLE).

Learning Outcomes & Asssment Criteria

Detailed/contextualid asssment criteria are shown overleaf

Available 3.1 3.2 3.3 4.1 4.2 4.3 Available

Achieved Achieved

? ?

Grading Descriptors

Detailed/contextualid grading descriptors are shown overleaf

M1 M2 M3 D1 D2 D3

SUBMIT Analysis (%)

Tutor Comments

Note: If your assignment has a SUBMIT analysis greater than 10%, it will be

scrutinid for plagiarism

Plagiarism is a form of academic malpractice and as such is a rious College offence.

I have read and understood the Plagiarism statement; I certify this is my own work and that I have referenced all relevant

materials. Note: Plagiarism statement available in the HN Cour Handbook and from the HE Quality site on the VLE

Name Signed Date

Internal Verification Process

Internally Verified By: Date Verified

Assignment Brief N Campbell

Assignment Grade

19/04/2012

HN National Front Sheet v1.2 - Last updated 25 August 2009

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Higher National Front Sheet v1.2 (for u starting September 2009)

Issue Date: July 2009

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Pass To achieve a Pass you must satisfy the asssment criteria by providing the evidence indicated below.

Task

Required Evidence Outcomes / Asssment Criteria

No

LO3

3.1 1

Understand principles of liability in negligence in business activities

contrast liability in tort with A short prentation which highlights the differences between contractual and

contractual liability tortuous liability

explain the nature of liability in A briefing document that explains how and when liability in negligence can

negligence ari

3.2 2

3.3 3

explain how a business can be A report explaining how business organisations can be liable for the torts of

vicariously liable their employees

LO4

Be able to apply principles of liability in negligence in business situations

Be able to apply principles of

liability in negligence in business 3 4.1

situations

A report explaining how business organisations can be liable for the torts of

their employees

4.2 negligence and defences in 3

apply the elements of the tort of

different business situations

A report applying the elements of the tort of negligence and relevant defences to the

scenario

4.3 liability in given business 3

apply the elements of vicarious

situations

A report explaining how business organisations can be liable for the torts of

their employees given in relation to the scenario problem

Task

Contextualid Grade Descriptor(s) Generic Grade Descriptors

No

The student will extend the analysis beyond the descriptive level required for

a pass grade. Work must be prented in a well-organid manner using

Identify and apply strategies to find appropriate language accurately with evidence of further reading and

M1 all

appropriate solutions rearch supported by a referenced bibliography and the u of cas and

statutory rules

M2 all

M3 all

Select/design and apply The assignment will be submitted the appropriate formats for the intended

appropriate methods/techniques audiences and fulfil the asssment criteria

Prent and communicate The materials supplied shall be in an appropriate format and cover all points

appropriate findings raid and appropriate to the tasks, showing individual rearch

T4 D1 own work and justify valid

all The assignment will be completed on time and supplied in the correct formats D2

all student will demonstrate an ability to analy, synthesis and apply legal rules D3

T4 will be submitted supplying evidence that the student has reflected on the

submitted assignment.

The assignment will include relevant statutory provisions and cas. The

in a logical and consistent manner

U critical reflection to evaluate

conclusions

Take responsibility for managing

and organising activities.

Demonstrate convergent, lateral

and creative thinking

Higher Level Skills

This assignment will enable you to develop the following higher level skills

HN National Front Sheet v1.2 - Last updated 25 August 2009

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Higher National Front Sheet v1.2 (for u starting September 2009)

Issue Date: July 2009

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? Effective u of communication and information technology for business applications.

? Effective lf-management in terms off planning, motivation, initiative and enterpri.

Higher level skills will be applied when considering Merit & Distinction grades

Asssor Feedback

Plea ensure that feedback is developmental and related to specific asssment Date

criteria

AC/ 1. General Comments on the assignment

Task 2. How to improve grade in next/future assignment(s)

No 3. Action required to achieve a Pass

Referred Assignments only:

Date for Resubmission

(if applicable)

Pass Achieved?

Student Comments and Reflection on the Assignment/Feedback

Comments should be reflective and evaluative

Student Signature Date

Scenario

Due to the promotion of cycling as a means of helping combat obesity the local council has provided cycle

training in all schools. In addition the council is arranging to provide bicycles for the u of schoolchildren.

Ms Smythe’s company has become involved in this scheme and has agreed to provide a number of suitable

bikes. At prent only children in one local school have expresd an interest in the scheme and as a result

Ms Smythe invited them to tour the factory to e the bikes being built.

Approximately four weeks ago the school attended an organid visit to the factory and approximately 15

students, aged around 11 or 12, arrived in the company of two teachers.

The following events occurred during the visit.

1. As part of the tour the children were shown their frames being welded up. One of the welders

allowed a child to u the torch and weld a joint. During the weld some molten metal splashed onto

the arm of the child who was taken to the first-aider. The first-aider looked at the burn and took the

child to hospital.

HN National Front Sheet v1.2 - Last updated 25 August 2009

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Higher National Front Sheet v1.2 (for u starting September 2009)

Issue Date: July 2009

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2. Two other children wandered away into an area of the factory which contained ud chemical paint

thinners stored in a variety of containers ranging from 1.5 litre old pop bottles to large open metal

drums. This area is restricted to certain members of staff and has a sign which states

“Danger, unsafe chemical waste. We accept no liability for any injuries sustained beyond this

point to persons not authorid to enter”

One of the children drank from one of the old pop bottles and was taken to hospital where their condition

remains critical.

The other child knocked over some of the larger containers and the chemicals found their way into a local

river which is ud a trout farm killing all the fish.

3. After delivery of the bikes, and payment by the Council, three of them broke on welds which caud

the riders to crash. On all three occasions the riders suffered broken arms.

As a result of the above problems the company has had claims made against it from the children and the

owner of the trout farm who is claiming the cost of the dead fish from the company. Ms Smythe would

therefore like to know what liability if any the company is facing and if so any defences which may be

available.

Ms Smythe would therefore like to know what liability if any the company is facing and if so any defences

which may be available.

Task 1

Produce a prentation for Ms Smythe which

? Describes the nature of general tortious liability, including Occupiers Liability, Nuisance and Strict

Liability comparing and contrasting this to contractual liability

Task 2

Produce for Ms Smythe a briefing document explaining how liability in negligence can ari

Task 3

Produce a report which………….

1. Explains how business organisations can be liable for the torts of their employees

2. Applies the elements of the tort of negligence and defences in to the situation above

3. Applies the elements of vicarious liability in given business situations

4. Clearly states who may be liable for the injuries sustained by the children

Task 4

As part of your on-going staff development you have also been asked to produce a short critical reflection on

your work including suggestion for how it may be improved

HN National Front Sheet v1.2 - Last updated 25 August 2009

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