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Total word count of 1500 .
Use 650 WordsFor question 1
Use. 650 Words for question 2
Use 250 Words for question 3
The following pages set out the questions for this assignment.
You must ensure that you have read the learning outcomes and the advice given for these questions before starting work on your assignment.
Read the scenario in Box 1 and answer the questions that follow.
Box 1 Le Navet
Le Navet is a restaurant which uses local ingredients, including wild and foraged food from the nearby area. Harry is an employee of the restaurant and has been asked to join a ‘fungus foray’ in the countryside. Harry is a novice explorer but is confident in selecting the correct types of edible mushrooms. He picks several mushrooms from a woodland floor, and takes them back into the restaurant, placing them in the tub used for Le Navet’s famous mushroom risotto.
Later that evening Jude and Jamal dine at Le Navet. Jamal orders the mushroom risotto. Horatio, the chef, does not check the mushrooms, but simply throws them into the dish to be served to Jamal. Later when Jamal returns home, he begins to feel very ill and develops a high fever. He calls an ambulance and is taken to hospital.
The hospital identifies the mushrooms as being poisonous. Jamal is administered some drugs and slowly begins to recover.
During the following night, Jamal is walking through the hospital in the dark. He is not paying attention to what he is doing and accidentally falls down a flight of stairs, breaking his arm.
Jamal must have an operation to repair the break. Pins will be placed in his arm. Mr. Keane, the surgeon, neglects to inform Jamal that one of the pins will be placed close to a nerve and could cause nerve damage. Mr. Keane understands this to be a small risk with this type of procedure. Jamal experiences nerve damage following the operation and loses some control over his hand. Jamal states afterwards that he may not have had the operation had he known the risk.
1. Explain whether Jamal has a claim in negligence against Le Navet for being poisoned. Assume that Le Navet is vicariously liable for the acts of its employees.
2. Explain whether the actions of Mr. Keane caused the loss to Jamal. You do not need to discuss the duty of care and breach in examining this issue.
(A) Write an essay introduction of no more than 150 words
(B) an essay plan
in response to the following:
Evaluate whether it is appropriate to have a category of ‘secondary victims’ in cases of psychiatric harm.
Note that you do not need to write a full essay for this part of the assignment.
Using Gibbs’ reflective cycle reflect on one piece of feedback you were given in the marking of your TMA 01 in either your script or the summary feedback form.
How did you use this feedback to improve the writing of your assignment in TMA 02, and do you feel you were successful?
The following pages set out advice on how to approach this TMA. Ensure you read both the general advice and the question advice.
The Law undergraduate guide contains definitions of words used in TMA questions. It also gives advice on in-text citations and the reference list that you must produce and include at the end of your work. You should read this guide before attempting TMA 02. Note that Section 7.3 of the guide tells you how your TMAs need to be presented and Section 12 of the guide details the marking scale, against which your work will be assessed.
For this assignment you should:
• Write in your own words.
• Answer all three questions.
• Answer each question separately but note you do not need to start a new page for each question.
• Use numbers in brackets to identify each question.
• Write all your answers in standard English using full sentences and paragraphs. They should not include any sort of list, with the exception of the essay plan in question 2b where you should follow the specific instructions.
• Write in the third person in your answers to Questions 1 and 2. This means you should not write in the first or second person (e.g. ‘I’, ‘we’, ‘my’, ‘our’, ‘you’ or ‘your’); instead, you should use phrases such as ‘A person is …’ or ‘This answer will …’.
• Write in the first person for Question 3, as it is a personal reflection and so you should use ‘I’ or ‘my’.
• Check your TMA carefully before submission, ensuring that you correct any spelling or grammar mistakes.
• Provide a reference list at the end of your assignment and a word count.
When your marked TMA is returned, you should reflect on your tutor’s comments and make notes on anything you want to do differently for TMA 03.
Question 1 advice
Question 1 is a problem-style question. You were introduced to problem-style questions in Section 7 of Unit 3, where you were also introduced to the IRAC structure in Sections 7.1 and 7.2. You should use the IRAC method when answering this question.
When writing your answer, you need to include a short introduction and conclusion as set out in the guidance for problem questions. You need to cite relevant case law, including providing case citations in the footnotes. An example can be found in the Cite Them Right version of OSCOLA. It is important that you state clearly how the law applies and what your conclusion is.
You do not need to use additional information from elsewhere and you will not be credited for doing so.
First, you need to establish whether there is negligence in the case of Le Navet and Jamal. You will find the material for this answer in Units 6 and 7. In examining whether there is negligence you need to establish whether there is a duty of care and a breach of that duty. Both are covered in Unit 6. Unit 7 concerns causation, and you need to establish whether the serving of the poisonous mushrooms caused the harm experienced by Jamal. For this, you need to establish whether there is both factual causation and legal causation.
Second, you need to establish whether Mr Keane negligently caused the injury to Jamal. This part of the question only concerns causation, information for which can be found in Unit 7 of the module materials.
Question 2 advice
For part (a) of this question, you are asked to write an essay introduction. This is so you can develop skills in providing an appropriate academic introduction to an essay. You should refer to the guidance in Section 6.1.3 of the Law undergraduate guide when writing your introduction. This question is designed for a longer essay, and so you may follow the advice provided for longer essays in the guidance.
Unit 8 contains the content you will work with for this answer. You do not need to use additional information from elsewhere and you will not be credited for doing so. For part (b) of the question, you are asked to provide an essay plan. You should outline how your essay should be structured using the advice on answering essay questions provided in Section 6.1.3 of the Law undergraduate guide and Section 9 of Unit 2.When writing your essay plan it is important that you do not write an essay, but equally it is important that you do not write a plan that is so rough that the reader is unable to see what the content of your essay will be. You can use bullet points when outlining what your planned content is. Although this is an essay plan, when you are citing cases or legislation, you should include the full name and the relevant case citations or sections from legislation accurately (if and when appropriate) like you would if you were writing an essay. Unit 8 contains the content you will work with for this answer – in particular,
Section 5 which concerns primary and secondary victims. You do not need to use additional information from elsewhere and you will not be credited for doing so. You can imagine that you are planning to write a longer essay, so again you may follow the advice provided for longer essays in the guidance.
Question 3 advice
This is a reflective question using Gibbs’ reflective cycle, which was introduced in Unit 1.
When reflecting on how you have used feedback, you should consider:
• What was the feedback you received?
• How did you feel about applying this feedback to TMA 02?
• Was the process of applying the feedback a good one or a bad one?
• What else could you have done to improve upon the process you took?
• What will you do differently next time?
It is important that you cover all of these points when writing your answer, and that you provide a considered and honest reflection.