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She visits her doctor to ask for the injections and tablets necessary to safe guard her health during and after her visit. This is important because she has a new single and album scheduled for release on her return and has a number of publicity events scheduled to maximise sales and revenue.
Unfortunately, the doctor fails to prescribe the recommended malaria tablets and following her return to the UK, Cheryl becomes very ill with the disease and is hospitalised for several weeks.
As she is unable to publicise the release of her latest single, sales are much lower than with her previous hits and a national record store decides not to stock her new album.
Advise Cheryl
1) Of the nature of her Doctors liability to her under the tort of negligence
AND
2) Of the defence the Doctor could use if Cheryl?s illness is made worse by the fact that she did not take the other correctly prescribed medication.
The word limit is 1,000 (between 900 and 1100)
Academic Guidance
– The question asks you to advise Cheryl about the tort of negligence (NOT contract).
You should ONLY use research sources from UK.
– The material has been covered in lectures 11-14. (You should not include any contract law)
– Your advice to Cheryl will be a synopsis of the tort of negligence written in a formal and professional way avoiding slang and text speak
– Your advice should show 3 steps
1) what the law says (sticking to English law only)
2) what the law means
3) why/how the law is relevant to Cheryl using English cases with full citation to illustrate and support points made where appropriate.
Just stating the law is not enough.
You need to show that you understand and know how to apply the law.
– Your advice should focus only on the phase test scenario.
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 and apply relevant law to a range of business scenarios
Marking Scheme and Assessment Criteria
– Advanced and outstanding advice given showing understanding and application of the components of duty of care, breach of duty and the tort of negligence and consequential damage in negligence and possible defence to a claim of damages.
– Extensive evidence of understanding of tortious terminology, application of relevant principles and use of case law
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