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    tort law
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    (Original post by lil_samz)
    ‘It is however clear that the test is an objective one..... The phrase “assumption of responsibility” means simply that the law recognises that there is a duty of care. It is not so much that responsibility is assumed as that it is recognised by law.’ – Lord Slynn
    Analyse Lord Slynn’s opinion about assumption of liability in the law of negligence, with reference to case law.
    And your thoughts are?

    We aren't going to write your essay for you!
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    (Original post by apronedsamurai)
    And your thoughts are?

    We aren't going to write your essay for you!
    I didn't ask for you to answer the question for me as I am capable of doing that myself I just wanted someone to give me a structure of how to answer these type of question.
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    (Original post by lil_samz)
    ‘It is however clear that the test is an objective one..... The phrase “assumption of responsibility” means simply that the law recognises that there is a duty of care. It is not so much that responsibility is assumed as that it is recognised by law.’ – Lord Slynn
    Analyse Lord Slynn’s opinion about assumption of liability in the law of negligence, with reference to case law.
    Go to your Uni library, or to Amazon (depending on your budget) and find a good textbook on Torts. I would recommend Street on Torts.

    Read the entire chapter on Duty of Care - I expect there will be several chapters on Negligence, one of which will focus on duty of care. Take notes as you read (I prefer doing this with pen and paper). Make the notes brief. Focus on assumption of responsibility cases.

    Put the quote in context - find out where it comes from. I'll tell you for free it is in a House of Lords case called Phelps. Go to Westlaw and find the case reports. Read it and note. You will note that in saying what he says, Lord Slynn is disagreeing with the remarks of a judge in the Court of Appeal. Read that judge's opinion to get a contrasting view.

    Reflect on what you have learned. Come up with some simple points. Write them down. Put them into a logical order.

    Find supporting evidence for each of your points. Add them to the plan. Repeat. Eventually, write the essay.

    The question you are responding to is "True of False?" with regards to what Lord Slynn says. He was a member of the Privy Council, a Lord of Appeal and a AG and then judge of the ECJ so he will not be 'wrong' but you might be able to disagree with his reasoning. You might find evidence to argue that responsibility is indeed assumed, or that it used to be but nowadays it is "recognised by law" but you might not. You need to explain what he is saying. Have fun.
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    Harry, aged 10, is a pupil at St Botolph’s. One day, he fell over when running to school and gashed his leg very badly. He managed to hobble into the school to seek help. The school nurse was unwell that day, but Mrs Tourniquet, the biology teacher who has been employed by the school for 2 years, attended to him. Mrs Tourniquet had as a young woman qualified as a nurse, but was not employed in that capacity by the school. Indeed, following an incident two years ago, she had been told by Marvin not to give nursing assistance to pupils. She washed and disinfected the wound and applied bandages, telling Harry to keep it completely covered for the next week. Harry was in increasing pain during the ensuing week, but his mother, Mrs Woebegone, told him that he should not be childish and that he should do as Mrs Tourniquet had instructed. One evening, six days after the fall, Harry was in such pain that he removed the bandage. The wound had become seriously infected. He was taken to hospital, but it was discovered that the infection had spread to the bone. His leg had to be amputated. The school governors held Mrs Tourniquet responsible for it and dismissed her.


    Negligence, Duty of Care, Causation, and Remoteness are some factors that come into play when Tort Law is applied to the above case.
 
 
 
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