Tort of Business Environment
Kylie enjoys eating chocolate and as she has a nut allergy, her preference is for Choc Delux premium brands as they do not contain nuts or nut products. For Easter she receives a large box of her usual chocolates but after eating only a small number, suffers severe anaphylactic shock and is taken to hospital for emergency treatment. As she is kept in for observation she is unable to perform her new single live on various pre-arranged TV shows and the lack of publicity means the single does not reach its forecasted number 1 position in the record charts and sales of her new album are much lower than anticipated.

Advise the Board of Directors of Choc Delux of their liability to Kylie under the tort of negligence.

Submission:-

Through the Final TURNITIN link on the module web by 23.55pm Tuesday 6th May 2014
Please note:
1. All work submitted after the submission deadline without an approved valid reason (see below) will be given a mark of zero. (This is not the same as a non-submission, as a late submission counts as an attempt and a mark of zero may allow you to resit the coursework.).
2. Short deferrals (extensions) of up to three calendar weeks can only be given for genuine "force majeure" and medical reasons, not for bad planning of your time. Please note that theft, loss, or failure to keep a back-up file, are not valid reasons. The short deferral must be applied for on or before the submission date. You can apply for a short deferral by submitting an Examination/ Coursework Deferral Application Form. Application Forms along with the supporting evidence should go to the relevant Student Support Office (WMG 03) For a longer delay in submission a student may apply for a (long) deferral.

The electronic version of your assignment may be used to enable checks to be made using anti-plagiarism software and approved plagiarism checking websites.
Word Length 1000 Maximum/ Minimum/Range 900-1100 words.

Any penalties for not complying with word limits will be in accordance with University and Faculty policy. Please note that the ability to write within the word limit is part of the assessment and a penalty of 10% of the mark is applied if the word limit is not within the maximum /minimum range stated above.

Learning Outcomes Assessed

1) Demonstrate knowledge and understanding of the range and scope of legal and professional responsibilities within the business sector
2) Identify and understand the key concepts of the Tort of Negligence and how they relate to business organisations and professional behaviour

3) Demonstrate an ability to use legal authority appropriately and apply relevant law to a range of business scenarios

Assessment Criteria
Fail – 34% and below
Insufficient and inadequate advice given with no evidence of application or understanding

Compensatable fail 35 – 39%
Limited and simplistic advice given with little evidence of application and understanding

3rd 40 – 49%
General advice given showing a basic understanding of the tort of negligence.

2.2 50 – 59%
More substantial advice given showing understanding and application of the components of duty of care, breach of duty and consequential damage in negligence

2.1 60 – 69%
As above with additional and extensive evidence of understanding of tortious terminology, application of relevant principles and use of case law

1st 70% and above
Advice given showing advanced and outstanding development of the above criteria

Marking Scheme
For information on how marks are awarded for particular elements of this assignment see above

Return of Marked Work
You can expect to have marked work returned to 3 weeks after the submission date