Module Name: BUSINESS CONTRACTUAL RELATIONSHIPS

Module Code: SQA MODULE HP6X 47

Semester: 2nd Semester
Assessor: Shyamila Samarasinghe
Internal Verifier: Aruni
Assessment Component/ Outcome: 3
Nature of the Assessment – Case study submission
Assessment Criteria: Explain the key elements of the law of obligations
Evidence Requirements covered from the Assessment;
 Explain the law of delict.
 Using an example, explain negligence and the potential liability resulting from it.
 Outline the specific rules of delict that apply in the employment context and the defences available in
delictual claims.
 Explain the duty of care.

ASSESSMENT TASK 3
This is a case study submission. Completed work should be returned along with assessment questions,
case studies and all candidate responses. A maximum of 1000 words can be used to provide responses
and 2 days (48 hours) to complete this assessment is permitted.
Candidate should upload the case study to the Saegisonline portal during the given timeline.

Read the following carefully and answer all of the questions asked.

Case study 1

Danny is a time served motor mechanic and he has been working at Campbell’s garage for the
last five years. On Friday morning, Mrs McGregor, who was having trouble with her car brakes,
brought the vehicle into the garage to Danny to see if he could fix the problem. Danny finally
got round to looking at the car at about 3 pm that day and he carried out a couple of basic tests
to see if he could pinpoint the problem. After working on the brakes for about 45 minutes,
Danny tightened some screws and the problem appeared to have been sorted. At around 4 pm,
Danny remembered that he was to meet his girlfriend, Karen, for a few drinks and he rushed
away from the garage to head down to the pub at the bottom of the road. The next morning,
Mrs McGregor came in to collect her car. Later that day, Mrs McGregor was seriously injured in
a car crash. Apparently, her brakes failed when she approached the busy Blackwater junction
and she was hit by an oncoming car. Danny feels dreadful about this — perhaps he should have
spent more time working on Mrs McGregor’s car. After listening to Danny’s worries, Tom, the
garage owner, has reassured him that he did everything that could be expected of a reasonably
competent mechanic.

Question 1
Outline the general principles of delict and explain the meaning of negligence.

Question 2
Advise Danny and Campbell’s garage with regards to any potential legal
consequences.

Question 3
Outline three potential defences an employer could put forward if sued for negligence and state
whether any of these could be successful in this case.