Procurement Contract Administration and Law

Procurement Contract Administration and Law
Coursework 2: Individual Coursework
PLEASE ANSWER ALL QUESTIONS. TOTAL MARKS AVAILABLE: 100
Please use external references to support the points that you are making. Please cite all references
using OSCOLA style.
Please note that all grades uploaded to Canvas are subject to ratification by the school exam board and
the external examiner, therefore are subject to change.
Expected learning outcomes are as follows:
• Demonstrate an understanding of the similarities and differences between the JCT and NEC
Standard forms of contract.
• Apply the NEC 4 and JCT 2016 contracts in a complex ‘real world’ scenario.
• Understand how to establish negligence in a complex factual scenario.
• Understand what vicarious liability is, and how to establish it.
• Understand the duty owed by occupiers of premises to all visitors.
PART B LAW
Question 3 – General Negligence
Details of Factual Scenario
Phil is driving his son Don to school. He is running late. He gets 5 minutes down the road and remembers
that Don has swimming today and he has forgotten his swimming bag. He quickly goes back to get it but
as a result is running even further behind schedule. To try and make up the time, he drives faster and
goes 30 miles per hour over the speed limit.
Phil’s mobile phone rings and he picks it up. It is his wife Carol asking him where he is because the school
has called her wondering why Don has not arrived at school. Phil fails to see Kirstie coming around the
corner, driving to work, and he crashes into her.
Phil and Don suffer minor injuries but Kirstie is severely injured breaking her arms, shoulder and numerous
other bones because she suffers from a rare condition that means her bones are weak and are susceptible
to breaks. Kirstie was not wearing a seatbelt at the time of the crash.
Kirstie is treated in hospital for her injuries by Dr Giles, the doctor on duty at the nearest hospital. Dr Giles
fails to notice on Kirstie’s medical records that she is allergic to morphine, which he gives to Kirstie to treat
the pain. Kirstie has an allergic reaction to the morphine and as a result her recovery time is doubled.
Whilst Kirstie makes a full recovery she has been unable to work for twelve months due to her injuries.
Kirstie is self-employed and wishes to recover her loss of earnings
Advise the parties (maximum 1000 words). 15 Marks
Question 4
All parts of this question carry equal marks. Reference should be made throughout this question to
appropriate case law.
A. To bring a claim in negligence a number of elements must be proven by the claimant. State these
elements and give a short summary of each. (5 marks)
B. Describe what vicarious liability is and how it can be established by a claimant. (5 marks)
C. Describe the three general defences that are available to a defendant in a negligence claim.
(5 marks)
Question 5
What is vicarious liability and what must the claimant demonstrate to establish it? Make reference to
appropriate case law in your answer (500 words maximum). (10 marks)
Question
When determining if a professional structural designer has breached its duty of care, how would the
courts establish the standard expected? How then would the courts determine of the individual had
fallen beneath that standard? Make reference to appropriate case law in your answer (500 words
maximum). (10 marks)
PART B MARKING STRUCTURE
Marking Structure
The coursework will be assessed using the criteria below:
a) Understanding/grasp of the key facts;
b) Knowledge and understanding of the legal issues;
c) Ability to communicate clearly; and
d) General commercial awareness of the situation and advice given.
Part B Hints and Tips
• Ensure that you read the factual scenario carefully. Almost everything is there for a reason.
• Follow the suggest answer structures set out in your notes.
• Follow the IRAC (issue, rule, analysis, conclusion) structure generally.
• Make sure that you conclude your answer and advise the parties.
• Use textbook resources as much as possible. They are very helpful.
• Always back up any points of law with an appropriate case authority.
• Make sure to give full case names + year.
• Included a bibliography of cited cases
• Enjoy it!