Module Code: BMM5422
Module Title: LEGAL ISSUES FOR MANAGEMENT
Assessment: THE CASE STUDY
Rationale
This part of your module’s assessment is based around a case scenario that can be encountered by business managers on a regular basis. The case study will allow you to demonstrate your understanding of relevant case law in particular, together with your ability to identify, apply, and evaluate legal argument to a business-related context. You are not expected to demonstrate the full range of skills and knowledge that would be expected of a student of law, but rather those of a manager when dealing with a potentially litigious situation.
Task
To research and write 1,500 words on the case study which tackles all the potential legal issues arising from the scenario, drawing particularly on your knowledge of common law negligence. In identifying the legal issues, you will also need to set out what the respective parties’ claims are (if they have any).
Case Scenario:
Satish and Sharma Enterprises v Leeds City Council On January 10th, 2025, Satish Sharma, the owner of Sharma Enterprises, a local retail store in Leeds, was walking outside his business on a public pavement (walkway) when he tripped over a broken concrete slab. This slab had been damaged for several weeks, and Satish, along with other business owners in the area, had reported the hazardous condition to Leeds City Council multiple times. Despite these complaints, Mayor Sadiq and the Council failed to take action to repair the walkway. As a result of the fall, Satish sustained injuries that required medical treatment, leading to significant medical expenses, and he also incurred lost sales and profits due to his inability to operate his business during his recovery
Based on the scenario above, address the following:
duty of care: analyse whether Mayor Sadiq and the local council owed a duty of care to business owners like Satish who use public walkways
breach of duty: discuss whether the council’s failure to repair the reported hazardous condition constitutes a breach of that duty, particularly in relation to local businesses
causation: discuss the necessary connection between the Council’s potential fault in maintaining the walkway, and the injuries and business losses sustained by Satish
compensation (damages): identify and explain the types of damages that Satish and his business could claim following the incident, in particular personal injury and business-related losses.
GUIDANCE
This guidance is not designed to be prescriptive, or to limit how you approach the task, but rather to provide some guidance on how you might meet the learning outcomes, and how you might approach the general structure of your written work. A reminder of the outcomes:
1 demonstrate knowledge and understanding of the operation and fundamental principles of the law and be able to explain and apply appropriate law in addressing the legal issues
2 critically evaluate the legal frameworks within which businesses operate
3 demonstrate skills of critical analysis of the law, including logical application of law to the solution of legal problems likely to be encountered
4 demonstrate an ability to identify and use legal materials, including some primary sources.
INTRODUCTION
In your introduction, provide a clear indication of what you will cover and how you will structure your response. You might say what the specific areas of law that you will cover.
MAIN DISCUSSION
In this section, which may be derived into an appropriate number of paragraphs, you should work through the scenario and carefully discuss any legal issues/liabilities or potential for legal action which may arise from the events described. Throughout your study, marks will be awarded if you: • show evidence of wider reading and research (relying on class materials will be insufficient) • make specific reference to relevant case law (the higher marks will be gained by again showing knowledge of examples beyond those introduced in the sessions i.e. see if you can find additional case law to reference) • write clearly and articulately, showing that you fully understand the academic conventions. The Learning Hub will help you if you are at all unsure, but do not leave it until the last minute to seek support!
CONCLUSION
You will need a short and focussed conclusion
ADDITIONAL INFORMATION
With a case study scenario remember the following:
a) based on a factual scenario that could happen in real life
b) demonstrate your understanding of a particular area or areas of law and apply them in a practical way to the problem. So, look at the issue and see what law/legal principle applies and use your knowledge of case law or statute to show the authority for that law or legal principle
c) work through all of the relevant legal issues but remember not all of the issues will require in depth analysis. Sometimes the issue may seem trivial but look at it and if it doesn’t need exploring in detail you may need to explain why
d) reach a conclusion, although you may have a number of mini conclusions after dealing with each issue. Remember in law you need to argue both sides of a case and argue the likely success of those cases.
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