Time Constrained Assessment - Australia Assignments

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including without limitation electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Arden University. To find out more about
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LAW4009
Tort 1
Time Constrained Assessment
Date for Submission: Please refer to the timetable on iLearn
(The submission portal on ilearn will close at 12:00 UK time
on the date of submission)
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materials or this publication may be reproduced, shared (including in private social media groups), stored in a retrieval system or transmitted in any form or means,
including without limitation electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Arden University. To find out more about
the use and distribution of programme materials please see the Arden Student Terms and Conditions.
Assignment Brief
As part of the formal assessment for the programme you are required to submit a
TORT 1 assignment. Please refer to your Student Handbook for full details of the
programme assessment scheme and general information on preparing and
submitting assignments.
Learning Outcomes:
After completing the module, you should be able to:
1. Critically analyse the aims and legal principles of the law of
negligence.
2. Apply the principles of the law of negligence and reach reasoned
conclusions in legal problems.
3. Present structured and supported legal arguments.
4. Communicate knowledge and understanding in written form using
appropriate terminology.
Graduate Attribute: Discipline Expertise
5. Demonstrate awareness of current developments in this area and the
impact that developments will have.
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materials or this publication may be reproduced, shared (including in private social media groups), stored in a retrieval system or transmitted in any form or means,
including without limitation electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Arden University. To find out more about
the use and distribution of programme materials please see the Arden Student Terms and Conditions.
Guidance
Your assignment should include: a title page containing your student number, the
module name, the submission deadline and the exact word count of your submitted
document; the appendices if relevant; and a reference list (see referencing guidelines
for more information). You should address all the elements of the assignment task
listed below. Please note that tutors will use the assessment criteria set out below in
assessing your work.
You must not include your name in your submission because Arden University
operates anonymous marking, which means that markers should not be aware of the
identity of the student. However, please do not forget to include your STU number.
Maximum word count: Max 2,500 words
Please refer to the full word count policy which can be found in the Student Policies
section here: Arden University | Regulatory Framework
Please note the following:
Students are required to indicate the exact word count on the title page of the
assessment.
The word count includes everything in the main body of the assessment (including in
text citations and references). The word count excludes numerical data in tables,
figures, diagrams, footnotes, reference list and appendices. ALL other printed
words ARE included in the word count.
Please note that exceeding the word count by over 10% will result in a 10-percentage
point deduction.
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Arden University © reserves all rights of copyright and all other intellectual property rights in the learning materials and this publication. No part of any of the learning
materials or this publication may be reproduced, shared (including in private social media groups), stored in a retrieval system or transmitted in any form or means,
including without limitation electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Arden University. To find out more about
the use and distribution of programme materials please see the Arden Student Terms and Conditions.
Assignment Instructions
Instructions:
This assessment should take you no longer than 4 hours and can be completed
at any point during the 24-hour window. Please ensure you give yourself
adequate time to upload your completed paper to Turnitin.
For further guidance on the TCA assessment please click on this link:
https://vimeo.com/398870288/2283356462
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materials or this publication may be reproduced, shared (including in private social media groups), stored in a retrieval system or transmitted in any form or means,
including without limitation electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Arden University. To find out more about
the use and distribution of programme materials please see the Arden Student Terms and Conditions.
Questions
Case Scenario
Richard was driving to the hairdressers, when another vehicle, driven by Samira, crashed
into the side of his car. Samira had a blackout causing her to lose control while driving.
Samira has admitted that she has previously had blackouts. Richard suffered a serious
injury to his back, and was referred to a consultant neurologist, Professor Claudio. Professor
Claudio correctly diagnosed a slipped disc in Richard’s back and advised Richard to have
an operation. Professor Claudio failed to disclose to Richard that there was a 1–2% risk that
the operation could cause permanent paralysis. Professor Claudio did discuss other risks
with Richard but did so using complicated medical terms. There is an alternative treatment,
which carries no risks but does not provide a complete cure, as the patient is left with some
weakness in the legs, which interferes with any activity requiring mobility and agility.
Professor Claudio did not discuss this treatment with Richard, as he considered him to be
too emotionally distressed to be able to draw a comparison between the two options.
Richard agreed to the operation and signed a consent form. The operation was performed
competently but resulted in paralysis. Richard has been told that he will be confined to a
wheelchair for the rest of his life and will be in constant pain. Richard has had to give up his
job as a barrister, and his partner has had to give up his job to become his full-time carer.
Prior to the accident, they had been a very active couple, with various hobbies, including
paddle boarding and bouldering. Richard has developed severe depression, due to facing
the prospect of being in constant pain for the rest of his life.
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materials or this publication may be reproduced, shared (including in private social media groups), stored in a retrieval system or transmitted in any form or means,
including without limitation electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Arden University. To find out more about
the use and distribution of programme materials please see the Arden Student Terms and Conditions.
Questions
1.
(a) Advise Richard as to whether it can be established that the duty of care owed
to her by Samira, by Professor Claudio and/or by the hospital trust has been
breached.
[NOTE TO STUDENTS: Do not address the issues of duty of care, standard
of care or causation.]
(60 marks)
(b) Explain to Richard what elements will comprise the claim for damages, if he is
successful
(40 marks)
(Total 100 marks)
End of Questions
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Arden University © reserves all rights of copyright and all other intellectual property rights in the learning materials and this publication. No part of any of the learning
materials or this publication may be reproduced, shared (including in private social media groups), stored in a retrieval system or transmitted in any form or means,
including without limitation electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Arden University. To find out more about
the use and distribution of programme materials please see the Arden Student Terms and Conditions.
Referencing Guidelines
For students studying the LLB (Hons) Qualifying Law Degree
You MUST underpin your analysis and evaluation of the key issues with appropriate
and wide-ranging case law and ensure this is referenced using the OSCOLA system.
The My Study Skills Area contains an OSCOLA Referencing Interactive Tutorial. You
must use the OSCOLA referencing method in your assignment.
Follow this link to find the referencing guides for your subject: Arden Library
For students studying the BA Joint Honours programmes
You MUST underpin your analysis and evaluation of the key issues with appropriate
and wide-ranging academic research and ensure this is referenced using the AU
Harvard system (See “Referencing Guide‟ in the Study Skills Guide in My Resources).
You must use the AU Harvard referencing method in your assignment.
Follow this link to find the referencing guides for your subject: Arden Library
Submission Guidance
Assignments submitted late will not be accepted and will be marked as a 0%
fail.
Your assessment can be submitted as a single Word (MS Word) or PDF file, or, as
multiple files.
If you chose to submit multiple files, you must name each document as the question/part
you are answering along with your student number ie Q1 Section A STUXXXX. If you
wish to overwrite your submission or one of your submissions, you must ensure
that your new submission is named exactly the same as the previous in order for
the system to overwrite it.
You must ensure that the submitted assignment is all your own work and that all
sources used are correctly attributed. Penalties apply to assignments which show
evidence of academic unfair practice. (See the Student Handbook which is available
on the A-Z key information on iLearn.)
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Arden University © reserves all rights of copyright and all other intellectual property rights in the learning materials and this publication. No part of any of the learning materials or this publication may be reproduced, shared (including in private social media groups), stored
in a retrieval system or transmitted in any form or means, including without limitation electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Arden University. To find out more about the use and distribution of programme materials
please see the Arden Student Terms and Conditions.
Assessment Criteria (Learning objectives covered – all)

Level 4 is the first stage on the student journey into undergraduate study. At Level 4 students will be developing their knowledge and understanding of the discipline and will be expected to demonstrate some of those skills and competences. Students are expected to express their ideas clearly and to structure and develop academic arguments in their work. Students will begin to apply the theory which underpins the subject and will start to explore how this relates to other areas of their learning and any ethical considerations as appropriate. Students will begin to develop self-awareness of their own academic and professional development.
Grade	Mark Bands	Generic Assessment Criteria
First (1)	80%+	Outstanding performance which demonstrates the ability to analyse the subject area and to confidently apply theory whilst showing awareness of any relevant ethical considerations. The work shows an outstanding level of competence and confidence in managing appropriate sources and materials, initiative and excellent academic writing skills and professional skills (where appropriate). The work shows originality of thought.
70- 79%	Excellent performance which demonstrates the ability to analyse the subject and apply theory whilst showing some awareness of any relevant ethical considerations. The work shows a high level of competence in managing sources and materials, initiative and excellent academic writing skills and professional skills (where appropriate). The work shows originality of thought.
Upper second (2:1)	60- 69%	Very good performance which demonstrates the ability to analyse the subject and apply some theory. The work shows a very good level of competence in managing sources and materials and some initiative. Academic writing skills are very good and expression remains accurate overall. Very good professional skills (where appropriate). The work shows some original thought.
Lower second (2:2)	50- 59%	A good performance which begins to analyse the subject and apply some underpinning theory. The work shows a sound level of competence in managing basic sources and materials. Academic writing skills are good and Expression remains accurate overall although the piece may lack structure. Good professional skills (where appropriate). The work lacks some original thought.
Third (3)	40- 49%	Satisfactory level of performance in which there are some omissions in understanding the subject, its underpinning theory and ethical considerations. The work shows a satisfactory use of sources and materials. Academic writing skills are limited and there are some errors in expression and the work may lack structure overall. There are some difficulties in developing professional skills (where appropriate). The work lacks original thought and is largely imitative.

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Arden University © reserves all rights of copyright and all other intellectual property rights in the learning materials and this publication. No part of any of the learning materials or this publication may be reproduced, shared (including in private social media groups), stored
in a retrieval system or transmitted in any form or means, including without limitation electronic, mechanical, photocopying, recording or otherwise, without the prior written consent of Arden University. To find out more about the use and distribution of programme materials
please see the Arden Student Terms and Conditions.

Marginal Fail	30- 39%	Limited performance in which there are omissions in understanding the subject, its underpinning theory and ethical considerations. The work shows a limited use of sources and materials. Academic writing skills are weak and there are errors in expression and the work may lack structure overall. There are difficulties in developing professional skills (where appropriate). The work lacks original thought and is largely imitative.
29% and below	A poor performance in which there are substantial gaps in knowledge and understanding, underpinning theory and ethical considerations. The work shows little evidence in the use of appropriate sources and materials. Academic writing skills are very weak and there are numerous errors in expression.