Hey there! Sign in to join this conversationNew here? Join for free
    • Thread Starter
    Offline

    16
    ReputationRep:
    I am a first year student at The University of Warwick studying law. I am finding it difficult to write relevant information in a short amount of words. Usual word counts for practise essays are 1250 words is not enough.

    Sample Question:

    “The development of the law of negligence has been by an incremental process rather than giant steps. The established method of the court involves examining the decided cases to see how far the law has gone and where it has refrained from going. From that analysis, it looks to see whether there is an argument by analogy for extending liability to a new situation, or whether an earlier limitation is no longer logically or socially justifiable. In doing so it pays regard to the need for overall coherence. Often there will be a mixture of policy considerations to take into account.”

    Critically evaluate the above proposition, with reference to relevant case law.

    Partial Answer:

    Law of negligence has existed since the Roman’s, and its progress has been an incremental process which has taken hundreds of years to form. The modern law of negligence was first established in Donoghue v Stevenson (1932)[1] and has since been developed. It states that the claimant must prove the defendant owed a duty of care, breached the duty of care, caused damage and the damage must not be remote.[2]

    Before the development of modern negligence, cases were limited and direct contract would impose a duty of care, which made it almost impossible for third parties to make claims. In Langridge v Levy (1837)[3], the judgement held that the plaintiff could not sue in contract because Langridge did not buy the defective gun. Allowing the imposition of duty of care would open the floodgates, however, the plaintiff won on the basis of fraud because the gun was meant to be “high quality”[4]. Kent v Griffiths (2000)[5] is a significant case relating to floodgates. The general rule is that emergency services are not liable in negligence regarding inadequate responses.[6] Reasons behind this include: it is immoral to sue against someone trying to help you and, emergency services may be busy with higher priority cases. However, in this particular case, the claimant won due to ‘reasonable foreseeability’ that he would suffer further illness. The sufficient proximity factor was established when the ambulance service accepted the call and dispatched the ambulance, and negligence occurred when the patient was not high enough on the priority list.



    [1] [1932] AC 562


    [2] tort law book; finish this
    [3] [1837] 2 Meeson & Welsby 519; 150 ER 863



    [4] Ibid 519, 863. The court held that it was, in fact, 'a bad, unsafe, ill-manufactured and dangerous gun'.
    [5] [2000] 2 All ER 474 [6] Hill v Chief Constable of West Yorkshire [1988] 2 WLR 1049

    Obviously this is a practise essay, so not too bothered if this gets flagged for plagiarism. However, I need opinions for the partial answer i have given. Am I on the right track? Thanks guys.
    Online

    19
    ReputationRep:
    (Original post by Drunq)
    I am a first year student at The University of Warwick studying law. I am finding it difficult to write relevant information in a short amount of words. Usual word counts for practise essays are 1250 words is not enough.

    Sample Question:

    “The development of the law of negligence has been by an incremental process rather than giant steps. The established method of the court involves examining the decided cases to see how far the law has gone and where it has refrained from going. From that analysis, it looks to see whether there is an argument by analogy for extending liability to a new situation, or whether an earlier limitation is no longer logically or socially justifiable. In doing so it pays regard to the need for overall coherence. Often there will be a mixture of policy considerations to take into account.”

    Critically evaluate the above proposition, with reference to relevant case law.

    Partial Answer:

    Law of negligence has existed since the Roman’s, and its progress has been an incremental process which has taken hundreds of years to form. The modern law of negligence was first established in Donoghue v Stevenson (1932)[1] and has since been developed. It states that the claimant must prove the defendant owed a duty of care, breached the duty of care, caused damage and the damage must not be remote.[2]

    Before the development of modern negligence, cases were limited and direct contract would impose a duty of care, which made it almost impossible for third parties to make claims. In Langridge v Levy (1837)[3], the judgement held that the plaintiff could not sue in contract because Langridge did not buy the defective gun. Allowing the imposition of duty of care would open the floodgates, however, the plaintiff won on the basis of fraud because the gun was meant to be “high quality”[4]. Kent v Griffiths (2000)[5] is a significant case relating to floodgates. The general rule is that emergency services are not liable in negligence regarding inadequate responses.[6] Reasons behind this include: it is immoral to sue against someone trying to help you and, emergency services may be busy with higher priority cases. However, in this particular case, the claimant won due to ‘reasonable foreseeability’ that he would suffer further illness. The sufficient proximity factor was established when the ambulance service accepted the call and dispatched the ambulance, and negligence occurred when the patient was not high enough on the priority list.



    [1] [1932] AC 562


    [2] tort law book; finish this
    [3] [1837] 2 Meeson & Welsby 519; 150 ER 863



    [4] Ibid 519, 863. The court held that it was, in fact, 'a bad, unsafe, ill-manufactured and dangerous gun'.
    [5] [2000] 2 All ER 474 [6] Hill v Chief Constable of West Yorkshire [1988] 2 WLR 1049

    Obviously this is a practise essay, so not too bothered if this gets flagged for plagiarism. However, I need opinions for the partial answer i have given. Am I on the right track? Thanks guys.
    I have done tort in two years now, so it's not fresh on me.

    However, I think there are two important issues:

    1. The language. Your style is rather mechanical and to me requires effort to maintain interest. Certain phrases are abrupt, others are unnecessarily long. There is no fluidity.

    2. The content. This is of course crucial. You're providing a descriptive account which offers nothing but summarise the law. The little analysis in there is negligible, and there is no effort to evaluate regarding policy reasons/coherence etc. It may well be that you'll dive into these later on, though I'd advise against spreading your essay too widely. The more you contain points together in one or two paragraphs (per evaluative argument!), the stronger the control you'll have over it and the more persuasive it is likely to be.

    Forget about describing facts just for the sake of it. Only use them when necessary in your evaluation.

    Posted from TSR Mobile
    Offline

    18
    ReputationRep:
    I agree with Fergo. You're on the right track but you're waffling.

    Remember. Your focus is answering the question, not telling the reader how much you know about the law. You could perhaps know two cases and still get a very good grade, as long as you answer the bloody question.

    (I would say not to worry about the fluidity point. There are many longstanding, longwinded professors who write in a much more unforgiving style than you. Although, I guess this is a very rough draft where you're just dumping the case law, and you're going to reshape it later. Hence, even less reason to worry about it.)
 
 
 
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • Will you be richer or poorer than your parents?
  • See more of what you like on The Student Room

    You can personalise what you see on TSR. Tell us a little about yourself to get started.

  • The Student Room, Get Revising and Marked by Teachers are trading names of The Student Room Group Ltd.

    Register Number: 04666380 (England and Wales), VAT No. 806 8067 22 Registered Office: International House, Queens Road, Brighton, BN1 3XE

    Quick reply
    Reputation gems: You get these gems as you gain rep from other members for making good contributions and giving helpful advice.