Law of Tort LAW2015C 2023-24

Assessment Brief: Research Essay

Referral / Deferral Submission July 2024
Table of contents

1. Summary of submissions due

2. Introduction

3. Titles

4. Resources

5. Presentation

6. Marking criteria

1. Summary of submissions due

The assessment comprises of one written submission as set out below.

Due before
Assessment Max length Weighting Submit to
12:00pm on

3,000 words (excluding Turnitin submission

29.07.2024 Research
abstract, footnotes and 60% link available from
essay
bibliography) LAW2015C ELE page

2. Introduction

60% of your final module mark for the Law of Torts comprises of a mark for your research essay in
accordance with intended learning outcomes 1, 2, 3, 4, 5, 7, and 8 for the module, which state that a
student who successfully completes the module will be able to

1. Demonstrate knowledge of the different types of legal obligation arising under the law of
torts.

2. Explain and apply the principles and rules governing the main types of tortious obligation.

3. Critically debate the current state of aspects of tort law in social and political context.

4. Interpret and use case law in written and oral argument.

5. Use library and electronic resources, including journal articles and policy documents, to
conduct research into legally complex areas.

6. Distinguish evidence-based claims from unfounded assertions and use evidence to support
your own claims and arguments.

7. Demonstrate effective and accurate written communication skills in a manner appropriate

to the discipline / different contexts.
A research essay differs from other types of essay in its emphasis on your own research. You are
required to conduct independent research with a view to presenting a better-informed, stronger
central argument in response to the essay question/title. 'Researching' your essay does not mean re-
reading a textbook or course materials, finding a few good quotes and ideas, and then presenting
these. Both may be good places to start, but researching for an essay means finding, considering,
and using materials from an array of primary and secondary materials (court judgments, journal
articles, monographs, etc.).

The library and staff teaching the module are able to give suggestions and advice on research
strategy; such assistance, however, is not meant to replace your own independent research efforts
and, before asking for assistance, you should do some initial independent searching yourself of
digital, and where available, hard copy, sources.

3. Titles

‘Draft a proposal for legislative reform in one of the following areas:

 psychiatric injury
 liability of public bodies
 vicarious liability
critically evaluating the current position under the common law and explaining why reform in this
area is needed.’

Please ensure that your paper is clearly titled as to which one of the three aspects of tort law you are
addressing.

4. Resources

In researching your essay, we suggest the use of the following resources as a start point for your
work:

 Kirsty Horsey & Erika Rackley, Tort Law (8th edn, OUP 2023). The textbook itself is a useful
starting point but should be substantially supplemented by further primary and secondary
sources. The end of every chapter contains a 'Further reading' section, each of which
provides citations to useful articles and books. These can be a valuable starting place (and in
turn often contain references to other relevant, useful works).

 Westlaw UK. Use the 'Journals' section to search for published journal articles.

 University guidance on search techniques. This is a useful guide to finding the information
you want on legal databases (particularly valuable when your searches are turning up too
much information).

 Law subject guide. This provides instruction on how to access a wide range of materials.

 Guidance on finding journal articles. This includes links to various legal databases and
instructions on how to use them.

 Guidance on finding e-books. This video includes a focus on online access to books.

6. Presentation

Proper presentation of your work is one indication that you are taking it seriously - and it makes it
more likely that your reader (the marker) will take it seriously as well.
 1. Avoid a convoluted writing style. Your aim should be to ensure that the reader will easily
understand the points you want to make, will be able to see how they all fit together, and,
ideally, will be persuaded by your argument.

2. Use one of the following fonts: Times New Roman or Arial or Helvetica, size 12pt.

3. Use a line-spacing setting of 1.5.

4. Use footnotes, not endnotes.

5. Include page numbers.

6. Include a short abstract (not more than 150 words) at the beginning of your essay, which
summarises the central arguments and findings. This does not count towards the word
count.

7. All cases, statutes, articles, books, and other materials must be properly referenced
using the OSCOLA guide. You may find the quick reference guide helpful (but note that this is
not as thorough as the full document). If you intend to cite international law, then use the
OSCOLA international law guide.

8. Your essay must include a properly formatted bibliography of all primary and secondary
sources which you have referred to, broken down into different categories (books, articles,
cases, reports, etc.) and sorted alphabetically within categories. The OSCOLA guide gives
instruction on the formatting of bibliographies.

9. Word limit: The word limit is 3000 words. The word count includes headings, subheadings
and titles. The word count excludes citation information in footnotes or bibliographies.
However, where footnotes contain additional arguments or material which is not for the
purpose of referencing, these words will be counted within the word count. The word limit is
strict, and you will be penalised for exceeding it as follows: - Up to and including 5% beyond
the word limit, one mark on the categorical scale will be deducted (i.e. 68 becomes 65; 52
becomes 48 etc); and - Over 5% beyond the word limit, ten marks will be deducted (i.e. 62
becomes 52).

10. Before submitting your work, make sure it is spell-checked and grammar-checked, and re-
read it at least once. There is no excuse for not at least running a spelling checker.

7. Marking criteria

Your submission will be marked in accordance with the Level 5 Law School Cornwall Assessment
Criteria.