Tort Law & Legal Research - Online Assessment Instructions: You are a paralegal employed by the firm Hedley, Smith & Cutler of 10 King Street, Milchester, MC1 4AZ. Your supervising Lawyer is Jane Cutler, who is a partner in the firm. Jane Cutler has asked you draft a suitable e-mail to be sent to the client following her recent meeting. You have been provided with the following information to help you focus on the client's case: Document 1 - Internal memorandum Document 2 - Attendance note This task requires you to prepare a draft email. 1. You will be assisting Jane Cutler with Chandler's Coaches' case. Your Supervisor has asked you to draft an email which she will send to the client. 2. Prepare a suitable draft email for your Supervisor, covering the points in her email to you. 3. You have been provided with an electronic copy of the email template for guidance - your answer must be submitted online. 4. You will be assessed on the content and presentation of the email. 5. In relation to presentation of the document, you must use the template, write in appropriate business style using full sentences. 6. You must read your email carefully to ensure that your spelling, grammar and punctuation are accurate. 1 Tort Law & Legal Research - Online Assessment Document 1 Internal Memorandum To: Paralegal From: Jane Cutler Client: Chandler's Coaches (Jeff Chandler) File reference: JC/36/2019/CC I have recently received instructions to act on behalf of Chandler's Coaches in relation to an accident that occurred on 1 April last year. Full details can be found in the attendance note (Document 2). I met with Jeff Chandler, the owner of the business last week and now need to send him an email advising of Chandler's Coaches potential liability for the accident. Usually I would give the client an 'overview' of liability, but Jeff Chandler completed a law degree many years ago and so wants full details. In particular, he wants to know the current law regarding the following points: 1. Whether Chandler's are likely to be held responsible for the harm caused by Alf given that he was committing a criminal act (driving while under the influence of alcohol) at the time of the accident; Jeff thought that an employer could not be held liable for an employee's criminal acts. 2. Given that Alf was driving for Reliant at the time of the accident, should Reliant be liable rather than Chandler's? 2. What defences could Chandler's raise in any action brought by Sam (identify one statutory defence and one common law defence and explain how likely each is to succeed). Please ensure that you give a full explanation of each of these points and include any relevant cases and/or statutes. Thank you. Jane Cutler Partner 2 Tort Law & Legal Research - Online Assessment Document 2 Attendance Note File No: JC/36/2019/CC Date: 21.05.2020 Fee Earner: Jane Cutler Nature of Attendance: Initial meeting with Jeff Chandler, owner of Chandler's Coaches Time Spent: 90 mins On 1 April last year, Jeff was contacted by another coach company, Reliant Coaches asking if he could lend them a driver as their normal driver, Jermaine, had called in sick. Jeff had a driver, Alf, who was available and agreed to lend him to drive Reliant's coach to Portsmouth. Alf was an experienced driver and had been employed by Chandler's Coaches for a number of years. Jeff called Alf who said that he would get down to the coach station immediately, even though the journey was not due to start for two hours. Apparently when Alf got to the coach station he met Sam, an old school friend, in the waiting room; by coincidence Sam was waiting for the coach that Alf was going to be driving to Portsmouth. At Sam's suggestion, they filled their spare time by going to the White Horse pub, where both of them drank four pints of lager and two large vodkas. This was despite a strict ban by Reliant on its drivers taking any alcoholic drink in the 24 hours before driving one of its coaches. Sam paid for several of the drinks consumed by Alf. Just outside Portsmouth, Alf failed to see a slow-moving lorry and drove into the rear of it. The coach left the road and plunged down a steep embankment. Many people were injured and more than 30 died. Alf was among the dead. Sam suffered a broken leg and severe concussion. He was in hospital for six weeks and off work for a further three months. Jeff has received a letter from a firm of solicitors saying that they are acting on behalf of Sam and intend to make a claim for personal injuries against Chandler's Coaches on the basis of Alf's negligence. 3 Tort Law & Legal Research - Online Assessment EMAIL TEMPLATE FROM: TO: DATE: (insert the date) SUBJECT: (suitable heading plus File Reference) (appropriate salutation) (email content - write in suitable business language using sentences and paragraphs) (appropriate closing) Hedley, Smith & Cutler 10 King Street, Milchester, MC1 4AZ This message and any attachment are confidential. If you are not the intended recipient, please telephone or email Hedley, Smith & Cutler Solicitors, delete this message and any attachment from your system and refrain from copying or disclosing the contents to any other person Authorised and regulated by the Solicitors Regulation Authority Hedley, Smith & Cutler Solicitors SRA No 999570 4
