NZQA registered unit standard 11636 version 5 Page 1 of 3 Title Apply the tort of negligence to a given fact situation Level 5 Credits 3 Purpose People credited with this unit standard are able to explain the law of torts, and apply the tort of negligence to a given fact situation. Classification Business Environment > Business Law Available grade Achieved Explanatory notes 1 Definition A given fact situation refers to a situation giving rise to no more than three legal issues, where the facts, either hypothetical or actual, are provided in the form of case studies for assessment purposes. 2 Assessment Candidate must demonstrate the ability to determine the facts of each fact situation, identify the legal issues, and identify and apply the law. 3 Legislation applicable to this unit standard includes but is not limited to: Contributory Negligence Act 1947. Outcomes and evidence requirements Outcome 1 Explain the law of torts. Evidence requirements 1.1 Torts are explained in relation to their distinction from a crime and a contract. 1.2 Torts are explained in terms of their nature, characteristics, and the parties involved. Range 1.3 at least two torts from – defamation, negligence, negligent misstatement, nuisance, inducing breach of contract, trespass. Vicarious liability is explained in relation to third party liability in civil law. Range employers, principals, corporations. NZQA National Qualifications Services SSB Code 130301 New Zealand Qualifications Authority 2016 NZQA registered unit standard 1.4 11636 version 5 Page 2 of 3 General defences for torts are explained. Range inevitable accident, voluntary assumption of risk. Outcome 2 Apply the tort of negligence to a given fact situation. Evidence requirements 2.1 The tort of negligence is applied to a given fact situation. 2.2 Defences available to an action in negligence are applied to a given fact situation. 2.3 Remedies available in the tort of negligence are applied to a given fact situation. Planned review date 31 December 2020 Status information and last date for assessment for superseded versions Process Version Date Last Date for Assessment Registration 1 30 September 1997 31 December 2018 Revision 2 16 January 2001 31 December 2018 Review 3 17 July 2009 N/A Rollover 4 24 October 2014 N/A Rollover 5 21 January 2016 N/A Consent and Moderation Requirements (CMR) reference 0113 This CMR can be accessed at http://www.nzqa.govt.nz/framework/search/index.do. Please note Providers must be granted consent to assess against standards (accredited) by NZQA, before they can report credits from assessment against unit standards or deliver courses of study leading to that assessment. Industry Training Organisations must be granted consent to assess against standards by NZQA before they can register credits from assessment against unit standards. Providers and Industry Training Organisations, which have been granted consent and which are assessing against unit standards must engage with the moderation system that applies to those standards. Requirements for consent to assess and an outline of the moderation system that applies to this standard are outlined in the Consent and Moderation Requirements (CMR). The CMR also includes useful information about special requirements for organisations wishing NZQA National Qualifications Services SSB Code 130301 New Zealand Qualifications Authority 2016 NZQA registered unit standard 11636 version 5 Page 3 of 3 to develop education and training programmes, such as minimum qualifications for tutors and assessors, and special resource requirements. Comments on this unit standard Please contact NZQA National Qualifications Services nqs@nzqa.govt.nz if you wish to suggest changes to the content of this unit standard. NZQA National Qualifications Services SSB Code 130301 New Zealand Qualifications Authority 2016