Establishment of a case in negligence

The LAW1100 Essay Assignment topic for 01 2014 is as follows:
"We learn that the establishment of a case in negligence requires the plaintiff to show, on the civil standard, that the defendant owed them a duty of care in the circumstances, and if so,

that the defendant failed to show the requisite standard of care, and if so, that there was a sufficient connection in law between the impugned act or omission and the loss suffered by the

plaintiff. In other words, once duty and breach are established, the plaintiff must also show a valid link in law between action and injury. Indeed, sufficient connection in law, as the ?third

essential?, has itself important connections with two other considerations in the law of negligence, namely the issues of ?defences? and ?remedies?."
After carefully reflecting on the above statement, examine (within the scope of the course) Sufficient Connection in Law (i.e. the 3rd essential) and the matter of Remedies available to a

successful plaintiff and the matter of Defences that may be available to a defendant who would otherwise be liable in an action in negligence. As this essay requires an analytical approach, you

should extend your discussion beyond a mere description of the principles. Whilst a good descriptive coverage of the relevant principles and rules (of Sufficient Connection in Law and Defences

and Remedies) is expected and required, in terms of the analytical component of your essay you are required to focus on a significant aspect or issue of the Sufficient Connection in Law

essential or Defences or Remedies and to significantly and critically analyse the rules and principles applicable to it. The descriptive component of the essay must, in part, address the point

raised in the statement which begins this essay topic, namely that the ?third essential? has itself important connections with the issues of ?defences? and ?remedies?.
You should use case authorities to support your arguments, and if possible illustrate with examples of contemporary cases before the courts. You should use a range of secondary authorities

(books and articles) consistent in number and quality with a first year undergraduate level university essay, and duly acknowledged with proper referencing to support your assertions and

arguments. When constructing your essay, reference must be made to the requirements listed in the Unit Plan for this assignment, and you should use the relevant format template provided on

Blackboard in due course.

Essay Assignment
The assignment is an individual ?academic essay? type and is worth 30 marks. The day of submission is Monday of Week 9 of the semester schedule. Submission must be via the Assignment

Manager on Blackboard for the unit. Please note that students need to successfully complete, to the required standard, the University?s Academic Integrity Module (AIM) to permit submission of

the assignment and its acceptance for assessment. Failure to successfully complete the AIM by the deadline of the essay assignment will not constitute grounds for an extension of time for

essay submission.

Your response in this assignment must not be less than 2800 words but not more than 3200 effective words. The essay topic is scheduled for release on Blackboard for the unit early in the

semester, via the green ?Assignment? button. Further details on the essay and the AIM, as well as an ?essay preparation kit?, will be provided on Blackboard early in the semester.

English 015: Rhetoric and Composition
Penn State Harrisburg, Capital Campus

Deadline Draft 4:
Incorporating Outside Sources / Documentation and Grammatical Mechanics

Using critical analysis, take a significant/critical argumentative position based upon your interpretation or critical observation of any “popular or cultural text” or “literary text” of your


•    For this paper, literary text is broadly defined and may include  poems, speeches, short stories, folk tales, myths, song lyrics, traditional literary texts, etc.

•    For this paper, a popular or cultural text may include blogs, advertisements, commercials, manufactured product or product packaging, radio or television programming, web sites,

rites, traditions, sporting events, holidays, clothing trends, fads, toys, etc.

You need to critically explain, analyze, interpret, AND CONSTRUCT A RHETORICAL ARGUMENT about the text you choose for a general academic audience. You should, however, assume the reader

is somewhat familiar with the text, and limit your description of it to only provide support for your thesis (versus an introductory block containing a general description of your “text,” all in

one or two paragraphs, at the beginning of your essay).

The introduction should identify your topic, its relevant historical and cultural contexts, the text you are analyzing, and the thesis.  Your body paragraphs should develop an analytical

argument (versus a topical/informational essay) and include secondary sources to support your claims.

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