LEGAL STUDIES

Length: 1200–1500 words

Weight: 10% of final grade

Format: Assignment files should be prepared using MS Word to allow your tutor to insert comments and feedback. If you do not have this software, contact your tutor to discuss whether other arrangements can be accommodated.

Instructions:

This assignment should be done after studying Units 2 and 3 and completing the quizzes for those units.

Find online a major news story about a serious accident that happened in Canada involving a business. Use a freely accessible website such as CBC News or CTV News. Do not choose a story about an accident causing harm to an employee on the job, because there are special laws (Workers Compensation legislation) governing such situations. Read the story carefully, and then copy and paste a link to it into your assignment.

Prepare an analysis of a legal claim for negligence that might be made against the business. Your analysis must be clearly based on and reflect the elements of the tort of negligence that are taught in this course, and should go on to cover possible defences that may be raised by the defendants.

You must refer to the facts given in the story, but you may also suggest facts that might be proven through further investigation. Be clear in your argument which type of fact you are talking about.

Analysis means stating the applicable law (presentation of definitions, explanations of concepts, statements of rules, tests, etc.), ideally supported by referenced quotations from the textbook, and then applying the law to the facts of the case in discussion of and arguments about liability, including arguments for both sides when these can be made.

The arguments in your analysis should be plausible, but they will not be evaluated on how persuasive they are. The intent of this assignment is to help you develop the ability to recognize business risks, not require you to act like a lawyer.

Marking Rubric

Marking Criteria Mark
1. Provides an active link to a news story about a serious accident in Canada. /10
2. States the legal criteria for establishing liability due to negligence. /20
3. Identifies all the possible plaintiff(s) should a negligence action arise from the accident. /10
4. Identifies all the possible defendant(s) should a negligence action arise from the accident. /10
5. For one defendant (which must be a business): analyzes the first criterion for establishing liability due to negligence and relates it to the facts. /10
6. For that defendant analyzes the second criterion for establishing liability due to negligence and relates it to the facts. /10
7. For that defendant analyzes the third criterion for establishing liability due to negligence and relates it to the facts. /10
8. Identifies and explains the tort defences that apply to negligence and discusses/analyzes possible application to the case. /20
Total /100