aspects of the English Legal System and Tort or Employment issues

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The assessment is divided into two questions. The first will comprise essay questions covering aspects of the English Legal System and Tort or Employment issues. The other half of the assessment
will be a case study scenario where the students will be required to apply the Law to a given problem, manage this information and communicate appropriately and effectively their advice to the
parties.
Question 1
“For most people, most of the time, litigation in the civil courts and often in tribunals too, should be the method of dispute resolution of last resort,” Lord Chancellor’s Department (1999)
Alternative Dispute Resolution (Discussion Paper) London: HM Stationery Office.
Using relevant case law throughout, discuss whether the various types of ADR are better options to resolve business disputes than court litigation.
Maximum 50 marks
Question 2
Francis manages a professional theatre group. He is staging a performance of the life of Martin Luther King and has placed an advertisement in a theatrical trade newspaper asking for applications
for the lead role from “black actors only”. He also advertises for “powerful, hard-working stage-hands required to lift heavy scenery”.
Alistair is a white actor with over 15 years of acting experience. He sees the advertisement asking for an actor to play Martin Luther King and attends the casting interview. Francis refuses to
watch him act and asks him to leave, saying “didn’t you read the advert?” Alistair claims that he has been discriminated against because he is white.
Chris sees the advertisement for stagehands. He is disabled because he has had a bad back for several years, but is he able to lift and carry light loads. He attends for interview and Francis tells
him that he’s sorry but he cannot make any special arrangements for disabled workers.
Advise Alistair and Chris of any potential claims that they may have at the Employment Tribunal.
Would Francis have any defence to any claims made?
Question 2: The Problem Scenario
You may wish to follow the ‘IRAC’ formula in forming discussions for the problem question.
‘I’ – IDENTIFY’ the issue
‘R’ – Explain the ‘RULES’ (the law – legislation/judicial precedents from legal cases) surrounding the relevant area/ issue
‘A’ – APPLY the RULES – the relevant legal principles – to the issue and APPLY legal cases to support the opinion.
‘C’ ­ give a CONCLUSION to the issue. This formula may be used over and over again in addressing all of the issues relating to each of the parties in the assignment question.

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