Posted on

Instructions: Please answer ONE of the TWO questions provided.
Submissions MUST NOT exceed the maximum word length. Footnotes and bibliography are not
included in the word count.
Exam opens at: 11:00hrs (UK time) on Tuesday 4
th May 2021
Exam closes at: 10:59hrs (UK time) on Wednesday 5
th May 2021
Typed answers MUST be submitted on Moodle BEFORE the submission box closes at the time
above (unless you have special arrangements authorised by the Exams office).
Typed answers MUST conform to the CLS House Style (on Moodle).
(This exam is available for 24 hours; however, you should not take significantly longer than 4
hours to complete and submit your examination. The examination must be submitted before the
closing date and time, regardless of when you choose to commence the examination within the
24hr period)
Please be sure that in your exam answers any verbatim quotation or close paraphrasing of
sources (including the core textbook and lecture transcripts) is properly identified and attributed.
Verbatim quotes must be in “……..” with a source and page number attribution (using OSCOLA).
Close paraphrasing must be identified with a source and page number attribution. Failing to do
so will amount to poor academic practice and may amount to academic misconduct. For further
information, see the Undergraduate Students’ Handbook for information on plagiarism.
Internal Examiner: Jeffrey Thomson
External Examiner: Dr Philip Bremner
The University for business
and the professions
Page 2 of 2
ANSWER ONE QUESTION ONLY

  1. Alena, a ten-year-old child, is unusually large and strong for her age. She is at
    practice with her youth ice-hockey team. The coach has just blown the final whistle
    to end the practice game at the end of the training session. The puck (a frozen, hard
    disc of rubber) which had been used in the game slides across the ice towards the
    end of Alena’s ice-hockey stick: without looking up, Alena shoots the puck as hard
    as she can at the nearest goal. Laxmi, one of the team’s goalkeepers, is standing
    right next to the goal: she has just taken off her helmet and face mask and is drinking
    water from a bottle. The puck hits Laxmi in the side of the head and she falls to the
    ice, unconscious.
    Shelby, the father of the team’s other goalkeeper, waits during the practice
    in the stands around the ice surface (protected by a plexiglass barrier). He looks up
    when he hears the coach’s final whistle, and sees the puck hit Laxmi’s head and
    then her falling to the ice where she lies hidden from Shelby’s view by the goal’s
    netting. Profoundly troubled by what he has seen, Shelby begins to feel confused
    and to hear the voices of people who are not there. The confusion and hallucinations
    last for four weeks, during which Shelby is unable to work.
    Advise Laxmi and Shelby regarding their possible claims in negligence. Consider
    each of the elements of the tort of negligence, and of any relevant defences; focus
    and expand your discussion in particular on those elements where there could be
    some disagreement as to whether the element is present / satisfied; and express a
    reasoned conclusion on whether each element of the tort and of any relevant
    defence is present / satisfied.
  2. ‘In determining whether a defendant has breached their duty of care, it is frequently
    stated that alongside the (i) likelihood that someone may be injured and (ii) the
    potential severity of the injuries which may occur, the court must also consider (iii)
    the social benefit or value of the defendant’s activity and (iv) the cost of taking
    preventative measures. However, in practice, the final two factors rarely seem to
    carry any weight.’
    Does this statement accurately represent the law? Discuss, with reference to cases
    relating to breach of duty / the standard of care in the tort of negligence.

Type of service: Academic Paper Writing
Type of assignment: Team Paper
Subject: Law
Pages/words: 6/1500
Number of Sources: 15
Academic level: Freshman (college 1st year)
Paper Format: OSCOLA
Line spacing: Double
Language style: UK English