Order ID 53563633773 Type Essay Writer Level Masters Style APA Sources/References 4 Perfect Number of Pages to Order 5-10 Pages
Example of other students work, make sure your work is similar to this in this format.
Please create a scenario similar to this then later analyze is the same way as the other scenario given:
On a Friday afternoon, Bonnie decided to go to Maryland Pharmacy to get an ear piercing. Therefore she scheduled an ear-piercing appointment at 4:30 pm. As soon as she arrived she picked out earrings of her liking and sat down to get her ears pierced then left the pharmacy satisfied with the necessary items to clean her piercing every day. An hour after she left the pharmacy she started to feel a burning sensation around the skin of her pierced area which lasted a couple of hours. Her ear later started to swell and produce yellow discharge so she decided to go to a dermatologist to check her piercing out, she found out that she has gotten a harmful infection that could cause severe scarring due to the needle used by Maryland Pharmacy which was not sterilized. Bonnie decided to sue the pharmacy.
Josh is an employee at a bank. Everyday he would take the same route on foot to work, as it is the quickest route. On the 13th of January Josh had a very important client who was finalising a transaction which he would receive 25,000 pounds from. On the way to
work that morning, Josh passed a building undergoing construction. However, there was no green netting around it to protect pedestrians from falling debris. Unfortunately, a loose brick fell on his foot and he had to go to the hospital to get it operated on. Since Josh was in the hospital, his scheduled client went to another banker to finalise his deal, leading him to lose 25,000 pounds.
The claimant will be suing the construction company (the defendant) for £25,000 for negligence due to the fact that they owed a duty of care to him. The company is responsible for the protection of pedestrians from any debris in order to avoid any injuries. Also, he will be claiming for the cost of the operation that he had to undergo for his foot.
Acting as a solicitor, I will be advising my client, Josh on his case. All the while addressing the defendants breach of duty of care that was owed and the claim for damages under the Tort of Negligence.
Role: Solicitor to the claimant
– Give advice on why claimant should sue for negligence and claim for damages
Duty of care: The defendant owes duty of care to claimant
– Donoghue v Stevenson; The Neighbour Principle ?
– Caparo test (three-part test); Caparo v Dickman 1990 ?
– The occupiers Liability Act 1984 ?
Breach of duty: Breach of duty must be proven
– Objective test/Bolam test must be proven
– Bolam v Friern Barnet Hospital Management Committee (1957) ? – Standard of care fell below requirements of profession1
Factual causation: Chain of causation
– But for test; determine causation ²
– Barnett v Chelsea and Kensington Hospital 1969 proves liability ¹ Remoteness of damage: Res ipsa loquitur; the thing speaks for itself ? – Reasonably foreseeable; wagon mound
– Economic compensation; Spartan Steel and Alloys Ltd v Martin & Co Ltd 1973 ? – Not too remote
Conclusion: Claimant should sue for breach of duty of care
– Provided necessary elements to prove liability
– Damages to be compensated; monetary and physical
– ‘Barnett V Chelsea & Kensington HMC: What Is “But For Test”? – LIUK’ (LIUK) <https://liuk.co.uk/but-for-test/> accessed 23 February 2020
– ‘Barnett V Chelsea & Kensington Hospital’ (E-lawresources.co.uk)
<http://www.e-lawresources.co.uk/Barnett-v-Chelsea–and–Kensington-Hospital.php> accessed 29 January 2020
QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points: Student failed to submit the final paper. 20 points out of 50: The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50: The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately. Elements of the required response may also be lacking. 40 points out of 50: The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples. The answer is complete. 50 points: The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples. No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points: Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points: Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points: References to scholarly sources are occasionally given; many statements seem unsubstantiated. Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points: Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented. APA 6th Edition is used with only a few minor errors. There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points: Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented. APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points: Student failed to submit the final paper. 5 points out of 20: The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors 10 points out 20: The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20: The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points: The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points: Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements. The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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