The question is rooted in the materials marked as Seminar 1. The writer should draw primarily on these sources
It is a requirement of the mark scheme that in the answers ALSO draws meaningfully on material marked as Seminar 3. We have been instructed that simply referring briefly or cursorily to material from your chosen ‘other’ research seminar is not drawing meaningfully upon it
The OSCOLA citation method MUST INCLUDE pinpoint citations to the specific page or paragraph of the source of any quotation, not just the work from which it comes. THIS IS CRUCIAL for every point that is made.
If you wish to cite directly from the paper, please do so in “ “
This paper MUST be an analysis of the differing theories of Tort Law as a whole:
– The first part should analyse whether Tort Law is a set of rules designed to allocate benefits and burdens
– The second is whether it allocates said benefits and burdens amongst all people
– The third part should be that if parts I and II are true, this does or does not mean that Tort Law is hence distributive in its structure, aims and effects.
As an example, in part I, the writer should NOT be discussing “what is a tort”. Rather, there should be a question of is Tort LAW, allocating benefits and burdens? And is it doing so in a manner which is corrective, distributive, vindictive, or of personal justice to the parties?
– Please use the different areas of tort law to make this analysis – for example, in negligence it could be said that it is corrective justice at the heart of the field: putting the parties back in balance.
When conducting this analysis, the materials from Seminar 3 – Tort Law and Human Rights, should also be used as support. This area of law sometimes concerns Tort Law as a way to vindicate the rights of people, rather than be distributive.
The writer must READ the materials before beginning to write the paper.
At the very least, the writer should read: Goldberg, Cane, Varuhas, Steele, Stevens, Gardner, Arden, Beatson and Beever. This is a MINIMUM.
I am uploading several other resources and cases. I recommend at least skim reading, or understanding what they might be about.
Using the resource does not mean citing the introduction. Please use the actual arguments.
If you don’t know what the terms distributive, corrective, vindictive etc mean, please research them before writing the paper.
I have indicated using 12 sources. This is a benchmark, not a strict rule. If you need to use more, please do. Please do not go below 10.
