Question 4 (15 marks)
Write the answers in a legal format (IRAC Format) -Issue, Rule, Application, and Conclusion Format
Citation must be OSCOLA.
Sources: 5 references for each answer.
Answer the following question using the Theft cases which we studied in class. You are free to set your answer in a jurisdiction of your choice. (Use Belize’s Jurisdiction)
Ben, a clerk for a miserly employer, Reginald, has had a rough year. He is sitting in his office one day, worrying about his bills, when he sees Reginald’s beloved pet chimp Phinneus scurrying down the garden path having passed through a door that Reginald had inadvertently left open. Ben lures Phinneus into his car and takes him to his house. Unknown to him, he is caught on a neighbour’s video camera.
Upon noticing that Phinneus is missing, Reginald offers a reward of $10,000. Ben pretends to find the chimp, then claims the reward and pays his debts.
Based on the video footage, the police have now charged Ben with Theft. Advise him.
Word limit: 1,000 words.
Question 5 (20 marks)
Read the case Mohamud v WM Morrison Supermarkets Plc (Rev 1) [2016] UKSC 11 and use the explanation of the law to answer the following question. You are encouraged to conduct your own research to assist you in understanding the case. However, you do not need to quote any other cases or legislation in your answer. Note that the only issue which you are required to address is whether the employer is vicariously liable. You are free to set your answer in a jurisdiction of your choice.
In 2023, Jack Sprat was a sales manager working for King Cole’s Fine Winery Ltd. Following a successful sales promotional activity at the Fairyland Expo, several colleagues, including Jack and the managing director Mary Lamb, attended an impromptu gathering at a nearby bar. In the early hours of the morning, having both imbibed several drinks, Jack and Mary got into an argument over Jack’s quarterly performance. The argument escalated to the point where Mary assaulted Jack and knocked him to the floor, breaking his arm. Jack commenced proceedings against King Cole’s Fine Winery Ltd. for damages on the grounds that they were vicariously liable for the actions of Mary.
Advise King Cole’s Fine Winery Ltd.
Word limit: 1,000 words.
General Rubric for Problem Questions:
Law: roughly 1/2 the marks. I will be checking to see whether the student has clearly explained the elements of the test to be applied. The student should state whether there is any ambiguity in the law, and list the leading cases, if any.
Application: roughly 1/2 the marks. I will be checking to see whether the student has highlighted the details which support each side. The student must also check that all of the elements of the test have been satisfied, dealing quickly with obvious elements, and focusing their fire on those which are likely to be most in contention.