Following the meal , as Simon does not want to drink and drive, he hires a limousine to take them both home Research Paper

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Following the meal , as Simon does not want to drink and drive, he hires a limousine to take them both home .
Unbeknown to Simon, the driver has not driven such a large and powerful car before and during the journey he takes a corner too quickly and hit a tree, causing both passenger air bags to inflate on impact and Beyonces nose is broken.

As the injury causes severe bruising , Beyonce is unable to publicise the release of her latest single and as a consequence sales are much lower than with her previous hits and a national record store decides not to stock her new album.

Advise Beyonce

1) Of the nature of the drivers liability to her under the tort of negligence

AND

2) Of the defence the driver could use if Beyonces injuries have been made worse by the fact that she did not wear her seatbelt.

The word limit is 1,000. (between 900 and 1100)

Academic Guidance

-The question asks you to advise Beyonce about the tort of negligence (NOT contract).
. You should ONLY use research sources from other countries.

– Your advice to Beyonce 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 Beyonce 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

– Advice given showing advanced and outstanding development of the components of duty of care, breach of duty, the tort and consequential damage in negligence and possible defence to a claim of damages

– Additional and extensive evidence of understanding of tortious terminology, application of relevant principles and use of case law

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