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THE UNIVERSITY OF DANANG

DANANG UNIVERSITY OF ECONOMICS


CENTER FOR INTERNATIONAL EDUCATION
Assignment Front Sheet
Qualification

Unit Code / Unit number and title

Pearson BTEC Level 5 HND Diploma in Business

Unit 5 Aspects of Contract and Negligence for Business

Student name / BTEC Registration Number

Assessor name
Maria Carmen L. Vidal

Date issued

Hand in deadline

22 September 2015

Submitted on

16 October 2015

ACNB2: Principles of Liability (2 of 2)

Assignment title

In this assessment you will have opportunities to provide evidence against the following criteria.
Indicate the page numbers where the evidence can be found.
Learning
Outcome

LO3

LO4

Learning
outcome
Understand
principles of
liability in
negligence in
business
activities

Be able to apply
principles of
liability in
negligence in
business
situations

Assessment
Criteria

In this assessment you will have the


opportunity to present evidence that Task no.
shows you are able to:

3.1

Contrast liability in torts with contractual


liability

3.2

Explain the nature of liability in negligence

3.3

Explain how business can be vicariously


liable

4.1

Apply the elements of the tort of


negligence and defences in different
business situations

4.2

Apply the elements of vicarious liability in


given business situations

Evidence
(Page no)

Student declaration
I certify that the work submitted for this assignment is my own. I have clearly referenced any sources used in the work.
I understand that false declaration is a form of malpractice.

Student signature:

Date:

ACNB A2 2015
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In addition to the above PASS criteria, this assignment gives you the opportunity to submit evidence in
order to achieve the following MERIT and DISTINCTION grades
Grade Descriptor
M1 Identify and apply
strategies to find
appropriate solutions

Indicative characteristic/s
An effective approach to study
and research has been applied.

Contextualisation
To achieve M1, you would have shown an
effective approach to study and research has
been applied to contrast liability in torts with
contractual liability.
(Task 3)

M2 Select / design and


apply appropriate
methods / techniques

Relevant theories and techniques


have been applied.

To achieve M2, you would have shown the use


of relevant theories and techniques to explain
the nature of liability in negligence.
(Task 3)

M3 Present and
communicate
appropriate findings

The appropriate structure and


approach has been used

To achieve M3, you would have shown that


you have made appropriate structure and
approach according to the report's purpose
and audience such as abstract/executive
summary, content list, list of
figures/tables/charts, introduction, conclusion,
recommendations, appendices and reference
list and terminology.
(Task 3 and 4)

D1 Use critical
reflection to evaluate
own work and justify
valid conclusions
D2 Take responsibility
for managing and
organising activities

Activities have been managed.

To achieve D2, you will have demonstrated that


activities such as legal research have been
managed on the application of the elements of
vicarious liability in given business situations of
Petrolimex.
(Task 4)

D3 Demonstrate
convergent / lateral /
creative thinking

Effective thinking has taken place


in unfamiliar contexts

To achieve D3, you will have shown that


effective thinking has taken place in unfamiliar
contexts on applying the elements of the tort of
negligence and defences in different business
situations of Petrolimex
(Task 4)

Assignment Brief

ACNB A2 2015
2

Qualification

Pearson BTEC Level 5 HND Diploma in Business

Unit number and title

Unit 5 Aspects of Contract and Negligence for Business

Assessor name

Maria Carmen L. Vidal

Date issued

22 September 2015

Hand in deadline

16 October 2015

Assignment title
Case Scenarios:
As in assignment 1, the client, Petrolimex, has come to seek your companys advice on legal issues as follows:
Case 3
Petrolimex contracted with Escalator Services to deploy a technician to repair the elevator in the factory. An old
worker fell into the open shaft of the elevator that was under repair. The technician, while attempting to save the
worker, also fell into the shaft and got injured as well. There is a notice of repair placed near the opening of the
elevator but no barricade.
Case 4
Petrolimex factory manager employed a temporary worker who was mentally retarded to relieve the work of a
worker that had gone on medical hospitalisation leave. The temporary worker was smoking while in the factory and
caused a fire that destroyed the factory and burned himself to death.
The above data is based on a real life organisation, but details may have been changed for assignment
purposes and may not reflect actual situation.
You are to provide your opinion to the barrister who is assigned to the above legal matters on negligence and torts
on the following:
Task 3 (LO 3: 3.1, 3.2, 3.3 and M1, M2, M3)
You have been asked to prepare a report to Petrolimex to make them understand the principles of liability in
negligence in business activities i.e. to contrast liability in torts with contractual liability, explain the nature of liability
in negligence and explain how business can be vicariously liable
To achieve M1, you would have shown an effective approach to study and research has been applied to contrast
liability in torts with contractual liability.
To achieve M2, you would have shown the use of relevant theories and techniques to explain the nature of liability
in negligence.
To achieve M3, you would have shown that you have made appropriate structure and approach according to the
report's purpose and audience such as abstract/executive summary, content list, list of figures/tables/charts,
introduction, conclusion, recommendations, appendices and reference list and terminology.
Task 4 (LO 4: 4.1, 4.2 and M3, D2, D3)
Continuation of the above report but this time to enable it to apply the principles of liability in negligence in business
situations i.e. to apply the elements of the tort of negligence and defences in different business situations and to
apply the elements of vicarious liability in given business situations.
To achieve D2, you will have demonstrated that activities such as legal research have been managed to apply the
elements of vicarious liability in given business situations.

ACNB A2 2015
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To achieve D3, you will have shown effective thinking has taken place in unfamiliar contexts to apply the elements
of the tort of negligence and defences in different business situations
Evidence
checklist
Task 3

Task 4

Summary of evidence required by student


A report to contrast liability in torts with contractual liability, explain the nature of
liability in negligence and explain how business can be vicariously liable.

Continuation of the report to apply the elements of the tort of negligence and
defences in different business situations and to apply the elements of vicarious
liability in given business situations.

PRESENTATION

ACNB A2 2015
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Evidence
presented

1.

The assignment should have a cover page that includes the assignment title, assignment number,
course title, module title, Lecturer/tutor name and students name. Attach all the pages of assignment
brief/achievement summary with your report and leave them blank for official use.

2.

Ensure that authenticity declaration has been signed.

3.

This is an individual assignment.

4.

Content sheet with a list of all headings and page numbers.

5.

A fully typed up professionally presented report document. Use 12 point Arial or Times New Roman
script.

6.

Your assignment should be word-processed and should not exceed 2,500 words in length.

7.

Use the Harvard referencing system.

8.

Exhibits/appendices are outside this limit.

9.

The assignment should contain a list of any references used in the report.

NOTES TO STUDENTS FOR SUBMISSION

Check carefully the submission date and the instructions given with the assignment. Late assignments
may not be accepted.

Ensure that you give yourself enough time to complete the assignment by the due date.

Do not leave things such as printing to the last minute excuses of this nature will not be accepted for
failure to hand-in the work on time.

You must take responsibility for managing your own time effectively.

If you are unable to hand in your assignment on time and have valid reasons such as illness, you may
apply (in writing) for an extension.

Failure to achieve a PASS grade will results in a REFERRAL grade being given.

Take great care that if you use other peoples work or ideas in your assignment, you properly reference
them in your text and any bibliography.

NOTE: If you are caught plagiarising, the University policies and procedures will apply.

ACNB A2 2015
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Achievement Summary

Qualification

Pearson BTEC Level 5 HND Diploma in


Business

Assessor name

Unit Number and


title

Unit 5 Aspects of Contract and Negligence for


Business

Student name

Criteria
Reference
LO 3

Maria Carmen L.
Vidal

To achieve the criteria the evidence must show that the student is able to:

3.1

Contrast liability in torts with contractual liability

3.2

Explain the nature of liability in negligence

3.3

Explain how business can be vicariously liable

Achieved?
(tick)

LO 4
4.1

Apply the elements of the tort of negligence and defences in different business
situations

4.2

Apply the elements of vicarious liability in given business situations


Higher Grade achievements (where applicable)
Grade descriptor

Achieved?
(tick)

Grade descriptor

M1: Identify and apply strategies to find


appropriate solutions

D1: Use critical reflection to


evaluate own work and justify
valid conclusions

M2: Select/design and apply appropriate


methods/techniques

D2: Take responsibility for


managing and organising
activities

M3: Present and communicate appropriate


findings

D3: Demonstrate
convergent/lateral /creative
thinking

ACNB A2 2015
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Achieved?
(tick)

Assignment Feedback
Formative Feedback: Assessor to Student

Action Plan

Summative feedback

Feedback: Student to Assessor

Assessor Signature

Date

Student Signature

Date

FOR INTERNAL USE ONLY


VERIFIED
YES
NO
DATE

: .......................................................................................

VERIFIED BY : .......................................................................................
NAME

: .......................................................................................

ACNB A2 2015
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