tort law assignment

User Generated

FWQ92

Business Finance

Description

Please see the word documents below for the assignment, instructions for completion as well as the helpful links.

You are free to use cases from USA and elsewhere but then you should indicate where they are from and explain that they are merely included as non-binding persuausive cases.

Unformatted Attachment Preview

Assignment You are a lawyer working in a fictional country called Nambia. It has a constitutional structure which incorporates rights which are the same as those of the ECHR https://www.echr.coe.int/Documents/Convention_ENG.pdf You are consulted by a client, Mr Jones, who, as a result of a conviction for theft was ordered to serve three years in prison. He was detained in a prison which was owned and operated by private company called the Big Freedom Prison (BFP). Located next to the prison is a Concentrated Animal Feeding Operation (CAFO) which was owned by the Government of Nambia (GON). As part of his sentence he was also required to work in the CAFO. A CAFO is a particular type of intensive animal agriculture which you will be required to research as part of the background to your answer. While working in the CAFO he contracted a number of diseases at different times, these include: • brain damage, dizziness, headache, nausea, sore throats, sinusitis, burning eyes as a result of inhaling hydrogen sulphide from the Manure (urine, faeces, blood etc) pits/lagoons at the CAFO which was always present in the air but aggravated when sprayed onto surrounding fields. • An infection in the intestines by E. coli O157:H7 which caused severe diarrhea and abdominal cramps as a result of evolved bacteria at the CAFO. He contracted this whilst drinking water near one of the lagoons which had become contaminated by seepage from the manure pits/lagoons; • An infection by Methicillin-resistant Styphylococcus aureus (MRSA) which caused a high temperature of 38C (100.4F), chills, aches and pains, dizziness and confusion. This is a result of the normal operating procedures at CAFOS where it used a continual treatment of all livestock with antibiotics. • An infection by Campylobacter and Salmonella which caused diarrhea, nausea, fever, and abdominal pain. • Post-Traumatic Stress Disorder (PTSD) as a result of the trauma of large scale brutal killing and abuse of animals • He also lost an arm in an industrial accident while forcing a new-born calf into a slaughter pen which is also a normal part of the dairy industry. In addition to this, for most of his incarceration your client was housed in E-section of the maximum security prison, a cell designed for occupation by one person but which he shared with two other inmates. At one stage, inmates at E-Section, including the applicant, were moved to the Medium B prison where they were detained in a communal cell with about 25 inmates for a period of time. He was then again moved back to E-Section he was held in a communal cell until he was placed in a single cell again. Your client does not believe that he was infected with TB or any other disease when he arrived at the prison; the responsible authorities were “pertinently aware of the risk” of inmates contracting Tuberculosis (TB); TB is an airborne communicable disease which spreads easily especially in confined, poorly ventilated and overcrowded environments; The prison your client was detained in is notoriously congested and inmates were confined to close contact for as much as 23 hours every day; on occasion, the lock-up total was as much as 3052 inmates and single cells regularly housed three inmates; communal cells were filled with double and sometimes triple bunks; the responsible authorities relied on a system of inmates self-reporting their symptoms during incarceration; and the control of TB at the prison depends upon effective screening of incoming inmates, the isolation of infectious patients and the proper administration of the necessary medication over the prescribed period of time. During his incarceration the applicant regularly underwent sputum tests, the results of which were lost by the authorities. He was diagnosed with TB immediately after he was released from prison. As a matter of course, all prisoners are screened for TB when they arrive at the prison. If someone is found to have TB they are normally sent to the medical wing of the prison where they are kept in isolation for a period of one week and only then released into the general prison population. He often had visitors from outside and sometimes went to court and he also went to parole hearings. At all of these meetings he mixed with members of the public. Your Client wishes to know whether he has an action against anyone as a result of the diseases that he contracted, and, if so, then against whom. This question is to be answered in IRAC form. Please support your answers, in the rule section, with reference to applicable and relevant case law. Deal with each “issue” separately in the issue section, in the rule section and the application sections but wind them up together neatly in the conclusion section. In order to fully understand the issues please look at the helpful link section which is separate form this. Please clearly identify each issue and number it. Keep that number throughout. Eg Issue 1 These will be as follows: F Facts By this is meant that your “introduction” will be a summary of the facts of the case. (LEGAL) ISSUE You are to identify the legal problem(s) that are being raised in the question. I ½ page 1 -1 ½ Pages Here, you name the legal issue raised by the facts of the problem question. You should identify each issue separately and explain why you have identified it with very brief reference to the relevant facts. Please number each issue clearly – ie issue 1, issue 2, issue 3 etc R Rule(s) Please address the relevant laws or rules with reference to each issue. Some issues may require you only to address one aspect of negligence eg duty of care or causation. If this is the case then you should say that in respect of that issue you will address that aspect of negligence. For example in issue 1 the main question may be duty of care and in issue 2 it may only be causation. You need only address the legal rules in respect of the law relating to that issue. You may also address other torts other than those based in negligence which have their own rules. Thus, issue 1 – what is the relevant law, issue 2- what is the relevant law, issue 3- relevant law etc. This is a re-statement of the law as you learned from your textbook and other sources. This will involve a detailed study of the law Here you will also be required to look at similar cases and explain what the court decided in those cases. He a short summary may be necessary to explain the case and/or even excerpts from the judgment. 2½-3 pages Give a case citation for each element. Example: Issue 1 : The elements of the tort of negligence are: Duty of Care The elements of the duty of care are….. (here you identify the elements using Donoghue v Stevenson and Caparo v Dickman and all other relevant cases. You must state the elements in full and if necessary include a short summary of the cases that you are relying upon. You are to cite the cases properly. Issue 2: Breach of the Duty Set out the law plus the relevant cases as stated above Causation Set out the law plus the relevant cases as stated above Damages You need not cover this since this is assumed for each issue. Other issues that you may identify should also be canvassed. You will be required to look at cases from United Kingdom (see your book) and one south African case viz |Lee v minister of Correctional Services CC. (see helpful links) You may also look to case law or articles from other jurisdictions such as European Court of European Rights or USA. European Court of Human Rights cases can be found at A Application http://www.echr.coe.int/Pages/home.aspx?p=home Again address each issue separately. This is the argument section where you apply the rules to the facts ie you link the facts to the rule and explain your conclusion in respect of each issue separately. 2 pages C Conclusion Simply state the issue, state the facts & rules that give rise to the issue, and tell explain how those facts do or do not meet the requirements laid down by the rules. The conclusion is a statement that explains what the result of your argument is, or what it should be. ½ page But, as with all good writing, the conclusion should be redundant. All of your application sections should have already clearly stated the conclusion for each individual issue. Thus, you are here “wrapping up” using the conclusions that you arrived at in the application section. This is an INDIVIDUAL ASSIGNMENT and will be assessed as such. There is to be no copying or plagiarism. It counts for 25% of the semester mark. Linked to this will be a group presentation which will count for 10% of the semester mark. A Group presentation format is being employed because of the number of students in the class and because team work is a core competency of the university. In this presentation each student in the group will present a section of their research. There are to be no more than TWO members per group. This is the guideline. If you stray outside of this guideline you will be penalized. This section operates as an oral test of your research. A poor performance here will lead to a revision of your research result. You can use APA style I reserve the right to make amendments if required. Helpful Links to assist you with the assignment https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1448520/ https://www.sierraclub.org/michigan/why-are-cafos-bad https://ehjournal.biomedcentral.com/articles/10.1186/s12940-016-0123-2 https://www.cdc.gov/nceh/ehs/docs/understanding_cafos_nalboh.pdf https://safewater.zendesk.com/hc/en-us/articles/214282698-4-What-are-the-health-effects-of-E-coliO157-H7http://theweek.com/articles/457135/5-modern-diseases-grown-by-factory-farming https://www.nhs.uk/conditions/mrsa/ https://scholar.colorado.edu/cgi/viewcontent.cgi?article=2157&context=honr_theses https://www.youtube.com/watch?v=ZwHapgrF99A https://www.youtube.com/watch?v=7ZW8-LQftnY http://www.saflii.org/za/cases/ZACC/2012/30.html
Purchase answer to see full attachment
User generated content is uploaded by users for the purposes of learning and should be used following Studypool's honor code & terms of service.

Explanation & Answer

Hello, yo...


Anonymous
I was stuck on this subject and a friend recommended Studypool. I'm so glad I checked it out!

Studypool
4.7
Trustpilot
4.5
Sitejabber
4.4

Related Tags