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B.A Law-Tort 2022/23
Autumn Repeat Assessment
This accounts for 30% of the overall marks for this module
Short Essay- 2,500 Words Maximum (excluding References)
This is a piece of research-based, analytical written work.
Topic
A “compensation culture” has developed in Ireland as a result of over-zealous use of the law
of negligence. In the Court of Appeal case of O’Flynn v Che
y Hill Inns Limited Trading as
The Oliver Plunkett Bar [2017] IECA 211, Irvine J. made several comments in relation to
individual responsibility, which seem to reflect the cu
ent opinion of the Court of Appeals:
“Adult members of society are obliged to take care for their own safety and cannot divest
themselves of responsibility for their actions”. The Court of Appeals appears to be adopting a
more reserved approach to personal injury claims, though it remains to be seen whether or not
this focus on individual responsibility will continue.
Critically discuss this statement and the impact of the O’Flynn v Che
y Hill Inns judgment.
Submission Date – 1st September 2023 at 23.59 Through Turnitin
Students must ensure that the essay is co
ectly referenced following Department
guidelines and that a Bibliography/ Reference list is included.
All source material used within the essay should be acknowledged in the essay text (citation)
and also in the references section (full details of the source). Failure to acknowledge sources is
plagiarism. All facts and ideas taken from sources (textbooks, articles and internet sites etc.)
must be acknowledged by referencing. Where the exact words of a source are used this is
identified by use of quotation marks.
Plagiarism includes the representation of the work of any other person, from any source
whatsoever, as one’s own. This includes the ve
atim copying of another’s work, the close
paraphrasing of another’s work and the deliberate presentation of another’s concept as one’s
own. All of this can be avoided by acknowledging your sources through appropriate use of
eferencing.
Collusion is also prohibited unless expressly authorised. This is the conscious collaboration
etween two or more students in the production of work which is ultimately submitted by each
in an identical or substantially similar form and/ or is represented by each as the product of his/
her own individual efforts.
IF IN DOUBT ASK!
It is better to submit nothing than commit plagiarism/ collusion/cheating as this may
affect your academic record and chosen career!
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Assessment Criteria
The essay should:-
• Identify and discuss the relevant legal concepts.
• Identify and coherently examine any relevant policy issues.
• Draw reasoned conclusions which are supported by argument and legal authority (use
caselaw!)
• Produce an accurate and up-to-date picture of the law in this area.
• Use appropriate terminology and language for a formal essay.
• Show an ability to present an analytical argument in a comprehensible manner.
Other Important Considerations
• Do not over-use the facts of decided cases
• Use judicial quotes but do not over-quote. Keep them short and punchy.
• Your work should show critical analysis rather than be merely descriptive.
• There should be evidence of research beyond what is covered in lectures.
• There should be numerous references whereby you cite authorities.
• Use the Oscala/ Footnotes system co
ectly and consistently.
• You should use the classic essay style of an innovative and coherent introduction, main
ody of discussion and authoritative summary or conclusion.
• You should take great care with the language, grammar, syntax and clarity of your
essay. High marks will only be awarded where the essay shows an authority of style
and precision of language.
• Avoid just writing all you know. Questions rarely require this! Tailor your essay to
what the question is asking you to do.
• Only talk about a specific element of the law if you can make it relevant to answering
the question.
• Keep to the word limit.
• Submit your essay in on time!
Late submission will result in loss of marks.
Late submissions penalties: The total marks available for an unauthorised late submission of
assessment will be reduced by the following:
o 15% for work up to one week late.
o 30% for work up to two weeks late.
o More than two weeks late will receive a mark of zero.
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