‘Unsurprisingly . . . almost all aspects of tort law, above all negligence, are based on policy’.
Lord Neuberger, ‘Implications of Tort Law Decisions’ (Northern Ireland Personal Injury Bar’s Inaugural Conference, County Down, 13 may 2017)
Justify this statement making specific reference to the development of the rules governing the standard of care expected of drivers.
Assessment criteria are descriptive statements designed to identify the specific properties/characteristics/aspects of your work the marker will consider when marking/grading it. In other words assessment criteria are designed to answer the question: ‘What am I being assessed on?’
To complete the assessed task to the requisite standard students will need to:
• Provide a definitive answer to the set question that is supported by a coherent and logical argument and by appropriate evidence;
• Present the reader with a robustly researched and written discussion of law and policy in relation to the standard of care expected by drivers;
• Identify and discuss evidence which supports the notion that tort law is based on policy and evidence which contradicts it;
• Engage critically with the sources used to support the line of argument advanced in support of their answer to the set question; and
Comply with the presentation requirements (as set out in this assessment brief).
Must use case law. Use cases that HAVE developed law on policy (the outcomes were decided by policy) AND cases that were NOT decided based on policy reasons.
(Nettleship v Weston etc)
Find evidence that justifies the statement but also find some that contradicts it.