Word limits
The word limit for this task is 1,500 words.
Referencing
Your work should draw on a range of appropriate sources. You should use the OSCOLA referencing system to support your work.
Learning outcomes
This assessment is intended to assess the achievement of the following Module Learning Outcomes:
1. Describe key legal institutions, key prescribed areas of law, and the relationships between and among them
2. Communicate with a basic level of clarity and precision, with student and staff colleagues, about issues relevant to law
3. Undertake, describe and reflect on basic research tasks relevant to law
4. Develop reasoned argument and practise basic critical evaluation in relation to law
5. Reflect and draw conclusions on the development of your learning, and apply them to further learning contexts in Term 1.
6.
In Foundations in Law 1, you encountered the tort of trespass, and its application in the context of flights over a claimant’s property. A leading case in determining the law in relation to aerial trespass is Bernstein of Leigh (Baron) v Skyviews and General Ltd [1978] QB 479.
a) Locate Bernstein of Leigh (Baron) v Skyviews and General Ltd [1978] QB 479. State why, in your reasoned opinion, this is a leading case [suggested words: around 100].
b) Identify an earlier case which the court considered in Bernstein of Leigh (Baron) v Skyviews and General Ltd [1978] QB 479. Explain how the court used that case in Bernstein. Explain and analyse any similarities and distinctions which the court found between Bernstein v Skyviews and the previous case, and the manner in which it influenced, or was distinguished in, Bernstein [suggested words: around 400].
c) Having considered primary sources (in the form of cases), we now want you to move on to a secondary source. Identify a journal article which deals with a legal, ethical, or policy issue arising out of trespass to land in the context of modern technologies or activities, and analyse the key arguments of the author [suggested words: around 750].
d) Finally, include a short section explaining the process by which you identified the case in (b) and the article in (c). Think about other methods you could have used to identify them, why you chose the method(s) you did, and the strengths and weaknesses of the research process you used [suggested words: around 250].
