Foundations of Law
Taha, a Spanish female, is employed as a receptionist for a large accountancy firm, Pitcher and Co. She has worked there for 6 years. On her lunch break, Taha visits the canteen. Rob is employed as a cook in the canteen. As he carries a large pot of hot soup across the canteen he is listening to music on his MP3 player and fails to see Taha standing in front of him. As a result of his distraction, he accidentally bumps into Taha and pours the hot soup over her. An ambulance is called and she is rushed to hospital with severe burns to her face and body.
Mike, a client at Pitcher and Co. visits Rupert, an accountant at the firm, to arrange an audit of his accounts. Once this has been set up and a contract has been signed for this service, Rupert escorts Mike to the exit of the building. On his way out, Mike asks Rupert for some advice about a loan he wishes to take out to start up a new business. Rupert recommends MoneyQuick, claiming that they offer the lowest interest rates in the town. Based upon this advice, Mike takes out a loan with MoneyQuick. He is now paying excessively high interest rates and cannot keep up with the payments.
You are required to answer the following questions;
1. With reference to Taha and relevant case law, identify the criteria that needs to be satisfied for a successful claim in the Tort of Negligence.
2. How might the courts establish whether Mike can claim for economic loss against Pitcher and Co.
3. Both cases are referred to the Court of Appeal. With reference to the court structure of the English legal system, explain which courts the Court of Appeal would be binding upon.
4. In deciding the cases before them, discuss whether the judge can depart from previous decisions made in the Court of Appeal.
Overall, this assessment must not exceed the maximum word limit of 1000 words in total. When answering these questions you are strongly encouraged to refer to any relevant cases or statutes that may support your arguments. All points must be appropriately referenced.
This assessment contributes to 40% of your overall module mark. Please refer to the marking grid document for the assessment criteria. The coursework must be handed in to the Student Information Desk on Floor 7 Newton no later than 3pm on Friday 17th January 2014 (Week 25).
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