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Identify if there is likely to be negligence in the following scenario. You should use relevant legal principles and case law to support your answer and apply the model commonly used in the courts for deciding liability.

Questions

Question 1

  • a.Identify if there is likely to be negligence in the following scenario. You should use relevant legal principles and case law to support your answer and apply the model commonly used in the courts for deciding liability.

    Aurore’s company produces artificial flowers and sells them in bulk to retailers. One day, two of Aurore’s employees responsible for inspection fail to notice that one box of flowers contains an opened craft knife because they are on an unauthorised cigarette break. This box is promptly delivered to Bernard, a florist. When Bernard opens the box, he cuts his hand on the craft knife and sustains a serious injury which prevents him from working for two weeks.

  • b.Imagine if, rather than opening the box himself, Bernard sells the box onto Ry, an event organiser, who is looking to purchase artificial plants in bulk. If Ry were to cut his hand on the craft knife, could he pursue action against Aurore? Would she be liable?

    You should use relevant case law to support your answer and apply the model commonly used in the courts for deciding liability.

(20 marks)

Question 2

PC Falk is on active patrol in a supermarket car park one morning, and sees Bruno opening his car boot to put a shopping bag away. PC Falk notices something metallic poking out of the bag. PC Falk suspects that it may be an offensive weapon. He approaches Bruno and demands to search his car boot and bag. In doing so, he establishes that the metallic item was the end of a newly purchased umbrella.

Following this, PC Falk attends to a suspected theft from a shop. A known thief, Tom, was seen through a CCTV camera putting an item of clothing into their pocket by the security guard. PC Falk sees Tom behind a shop attempting to remove a security tag from the item of clothing. Tom quickly tucks the item of clothing into his coat when he sees PC Falk. PC Falk approaches Tom and detains him for the purposes of a search.

Later, PC Falk walks past a shop with a broken window. The store owner says two adult males stole some DVDs from him moments earlier. PC Falk spots two running teenagers – a boy and a girl – and quickly pursues them. He catches up with Solveig and Otto and detains them in order to search them. PC Falk quickly establishes that the pair were in fact running to catch a bus.

During the week, there have been a spate of thefts of watches reported. PC Falk notices Curt and Ernst selling jewellery on a street corner. He recognises three watches matching the descriptions of those reported stolen and confronts the pair. He arrests Curt but Ernst runs away. PC Falk shouts ‘Arrest that thief!’ and a passer-by, Marion, tackles Ernst to the floor.

Using a legal database, locate sections 1, 24, and 24A of the Police and Criminal Evidence Act 1984. Apply the law in these sections to the above scenario, and explain whether or not PC Falk and Marion have acted lawfully.

(70 marks)

Question 3

Identify one specific item of feedback that you received for TMA 01. How have you used that feedback when writing this assignment?

(10 marks)

Please ensure that you read the learning outcomes and the advice given for these questions.

Learning outcomes

TMA 02 tests the following learning outcomes:

Knowledge and understanding:

  • civil liability
  • police powers.

Skills:

  • interpret, describe and apply legal principles and authority in a logical and coherent way
  • correctly reference and/or cite relevant materials, including case and statute law
  • reflect, assess and learn from your own studies

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