This was a problem question on vicarious liability. The better students understood the need to carefully analyse the factual scenario with reference to the relevant legal principles stemming from the case law. A number failed to properly examine the employment status issue or get to grips with the meaning of the the course of A more phrase ‘in employment’. considered dispassionate review of the facts and law was necessary. Question 6 This was a problem question on liability. There were some good answers were occupiers’ candidates had applied the law in an intelligent manner to the facts and had come to appropriate conclusions. The weaker answers often failed to understand the significance of the facts. One issue that arose was that some candidates the didn’t always correctly identify distinction between a visitor and trespasser. It seems that unless it is crystal clear, some will misunderstand the factual situation and then will apply the wrong area of law to the task, with negative consequences. An additional problem for some was, after quoting extensively from the statute, they then apply the provisions and associated case law sufficiently to the didn’t facts. Merely stating the law cannot be enough the application of the law to the facts – needs to be constantly re-stated. Attendance Quite good - although attendance fell away towards the end of the module. Student Feedback Feedback was gathered at course level during the official student feedback week. A high level of positive feedback was recorded in relation to: the tutor; the organisation of the module and the quality of the material presented to the students. Module/component organisation Delivery was improved by additional resources on studentcentral and by streamlining the material on the substantive torts. External Examiner Comment To follow Action Plan To continue to re-assess the delivery of the material with particular reference to the production of seminar materials. Charles Barrow, June 2012.
This was a problem question on vicarious liability. The better students understood the need to carefully analyse the factual scenario with reference to the relevant legal principles stemming from the case law. A number failed to properly examine the employment status issue or get to grips with the meaning of the phrase ‘in the course of employment’. A more considered dispassionate review of the facts and law was necessary. Question 6 This was a problem question on occupiers’ liability. There were some good answers were candidates had applied the law in an intelligent manner to the facts and had come to appropriate conclusions. The weaker answers often failed to understand the significance of the facts. One issue that arose was that some candidates didn’t always correctly identify the distinction between a visitor and trespasser. It seems that unless it is crystal clear, some will misunderstand the factual situation and then will apply the wrong area of law to the task, with negative consequences. An additional problem for some was, after quoting extensively from the statute, they didn’t then apply the provisions and associated case law sufficiently to the facts. Merely stating the law cannot be enough – the application of the law to the facts needs to be constantly re-stated. Attendance Quite good - although attendance fell away towards the end of the module. Student Feedback Feedback was gathered at course level during the official student feedback week. A high level of positive feedback was recorded in relation to: the tutor; the organisation of the module and the quality of the material presented to the students. Module/component organisation Delivery was improved by additional resources on studentcentral and by streamlining the material on the substantive torts. External Examiner Comment To follow Action Plan To continue to re-assess the delivery of the material with particular reference to the production of seminar materials. Charles Barrow, June 2012.