With regard to the scenario below, discuss the relevant legal positions and advise the parties accordingly.
The Rocket is a new high speed train and on its inaugural journey between London Paddington and Cardiff is attempting to break the speed record for a train carrying passengers. The moment when it breaks the record is to be televised live. While approaching the record and passing through a station, a broken track, the result of a negligent repair and inspection some days earlier, caused the train to jump off the track and crash into a busy platform packed with spectators hoping to view the new train, including a class of school children from the local primary school. There were are large number of casualties.
Catalina was at the end of the platform and fearing for her own life ran, diving over a wall to escape physical injury. She has since been suffering from flashbacks and depression and has been unable to work since the incident.
Darnell, whose wife was on the train, was watching the live television broadcast and has been diagnosed with severe depression since the event.
Joy had a 9 year old daughter in the school class on the platform. While out shopping in the High Street she was informed of the accident. What she did not know was that her daughter was one of the fatalities. Just over 4 hours after the incident she identified her body in the makeshift mortuary, at which point she suffered deep shock.
Randy was driving past the scene a few minutes after the crash and saw the aftermath. Pulling over, he went over to the crash site and helped to hand out bottles of water and blankets. Affected by the sight of such horrific injuries he suffered prolonged nervous shock.
Crabshack Ltd owns and operated the station restaurant which was extensively damaged in the incident. They are claiming for the loss of the food etc on the shelves and in the refrigerators and freezers, and the lost earnings resulting from this. Additionally they are claiming for loss of profits while the station is being rebuilt.
Advise the parties in relation to their claims against the track owner and operator.
Specific assessment criteria for Obligations A.
In addition to the broad mark-band criteria used across all law subjects, the following assessment criteria will be used by the Obligations A team to grade your essay.
Does the essay:
• Identify and discuss the relevant legal concepts?
• Identify and coherently examine any relevant policy issues?
• Demonstrate an ability to apply knowledge to the stated problem? This is especially important in a problem based question.
• Draw reasoned conclusions which are supported by argument and legal authority?
• Produce an accurate and up-to-date picture of the law in this area?
• Use appropriate terminology and language for a formal essay?
• Show an ability to present an analytical argument in a comprehensible manner?
Other important considerations:
• Do not over-use the facts of decided cases.
• Use judicial quotes but do not over-quote. Keep them short and punchy.
• Your work should show significant critical analysis rather than be merely descriptive.
• There should be evidence of research beyond the core texts.
• There should be a clear, extensive and relevant bibliography.
• You should reference to authorities or sources throughout the essay. Chose a recognised method of referencing (normally footnotes) and stick to the same style of reference presentation.
• You should use the classic essay style of innovative and coherent introduction of the areas of discussion, main body of discussion and authoritative summary.
• You should take great care with the language, syntax and general exposition of your essay. High marks will only be awarded where the essay shows an authority of style and precision of language.
• Use Quotation Marks “ “ when directly quoting somebody else’s work and footnote the source
• Avoid just writing all you know. Questions rarely ask for this. Tailor your essay to what the question is asking you to do.
• If the question does not point you toward a specific element then only talk about if you can make it relevant to the answer.
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