Module Code :- TMA04
Assignment Title :- Turnaround Management Association
Assessment Type :- Assignment
Word count: The total word limit for the emTMA is 2000 words. All the words you use to answer the questions including quotations and citations, are included in your word count. Footnotes are not part of the word count. You must include an accurate word count at the end of your assignment. Any words used that exceed the overall word count will not be marked or commented on.
TMA04 TMA Assignment – UK
You must provide a reference list. The reference list is not included in the word count. Primary sources do not need to be in the reference list, but should be in the footnotes.
This emTMA is designed to test your knowledge of Units 16 and 17.
The emTMA is worth 40% of your overall assessment score for the module. For more information on module assessment, see Section 3.2 of the W112 Module Guide.
The emTMA consists of three questions. You are expected to answer all questions. Your answers should be written in your own words.
It is recommended that you answer the questions using approximately the number of words shown in Table 1.
Learning outcomes :-
This emTMA will allow you to demonstrate the following learning outcomes:
Knowledge and understanding:
• the law of defamation
• defamatory meaning.
• apply legal authority to develop reasoned answers to questions
• communicate ideas clearly and concisely in writing
• reflect on your own learning and development.
The following pages set out the questions for this assignment.
You must ensure that you have read the learning outcomes and the advice given for these questions before starting work on your assignment.
Davina is a professional artist and sculptor. She has undertaken a number of high profile commissions. One such commission is a sculpted statue to honour the legacy of a well known author and rights activist where the art dis plays a partially naked woman.
As part of the tendering process to craft a sculpture for display outside the offices of Big Shot Lawyers she has been asked to give a presentation of her ideas. There will be 10 people at the presentation including executives from Big Shot Lawyers and members of the local community who are to have a key role in deciding the successful bid.
After the presentation, members of the community are asked to discuss their views on the proposed project. Brian, one of the community panel members says that he hates Davina’s proposal. He explains he has seen her previous work and he considers it to be offensive stating it is of a pornographic nature which is offensive to my religious views’. Brian explains that he knows Davina personally and considers her to be a disreputable and unreliable person with a criminal history who is very unlikely to be able to deliver the project. Brian has said this because he knows Davina has received a parking ticket in the past but he is aware that this is not a criminal issue. Davina has no criminal history.
TMA04 TMA Assignment – UK
An anonymous user later describes events on the social media website Twit Novel where they write that ‘Davina is a criminal and should not be trusted to deliver the project. Davina contacts Twit Novel to ask for the post to be taken down they comply, and the post is removed straight away. Davina is still worried that a lot of people may have seen the post and wants to make a claim for defamation against Twit Novel.
Big Shot Lawyers respond to the comment saying that because of the allegations made against Davina being unreliable disreputable and having a criminal history they will not be giving her the contract to create the sculpture.
You are required to advise:
• whether Davina has a claim for defamation against Brian
• any potential defence Brian may have against an action for defamation
• any potential defence TwitNovel may have against defamation.
You should produce one answer which covers the three bullet points you are asked to advise on.
Evaluate whether you consider that there should be a law of defamation, using appropriate examples. With in your answer evaluate whether the law on defamatory meaning is satisfactory in England and Wales given that social norms change over time words can be construed as having different meanings and between different groups in society.
Reflect on two skills you have been acquiring through your study of W112 that you consider to be
important for future study or work. Outline why they are important. How will you plan to improve
upon these skills?
The following pages set out the advice on how to approach this emTMA. Ensure you read both the general advice and the question advice.
The Law under graduate guide contains definitions of words used in assessment questions. It also gives advice on in-text citations and the reference list that you must produce and include at the end of your work. You should read this guide before attempting the emTMA. Note that Section 7.3 of the guide tells you how your assessments need to be presented and Section 12 of the guide details the marking scale against which your work will be assessed.
For this assignment you should:
• Write in your own words.
• Answer all three questions.
• Answer each question separately, but note you do not need to start a new page for each question.
• Use numbers in brackets to identify each question.
• Write all your answers in standard English using full sentences and paragraphs.
They should not include any sort of list.
• Write in the third person in your answers to Questions 1 and 2. This means you should not write in the first or second person (e.g. ‘I’, ‘we’, ‘my’, ‘our’, ‘you’ or ‘your’) instead you should use phrases such as ‘A person is …’ or ‘This answer will …’.
• Write in the first person for Question 3, as it is a personal reflection and so you should use I or my.
• Check your emTMA carefully before submission ensuring that you correct any spelling or grammar mistakes.
• Provide a reference list at the end of your assignment and a word count.
Question 1 advice
Question 1 is a problem-style question. You were introduced to problem style questions in Section 7 of Unit 3 where you were also introduced to the IRAC structure in Sections 7.1 and 7.2. You should use the IRAC method when answering this question. You should answer all three parts to the question as one answer.
TMA04 TMA Assignment – UK
When writing your answer, you need to include a short introduction and conclusion as set out in the guidance for problem questions. You need to cite relevant case law, including providing case citations in the foot notes. An example can be found in the Cite Them Right version of OSCOLA. It is important that you state clearly how the law applies and what your conclusion is.
You do not need to use additional information from else where and you will not be credited for doing so. You may how ever use any relevant content from the textbook.
This question concerns defamation, on which you will find information in Unit 16 and Unit 17. You should consider whether the remarks made by Brian in respect of Davina and her work is defamatory. You should outline if the following four things are demonstrated for a defamation claim to succeed:
• that they have suffered serious harm
• due to a defamatory statement
• which makes reference to them
• which was published.
Next you should consider if Brian has any potential defence against defamation. Defences are covered in Unit 17.
The third part of the question asks if TwitNovel has any potential defence against defamation.You do not need to discuss in detail Davina’s claim for defamation against Twit Novel when answering this part of the question – only the defence.
TMA04 TMA Assignment – UK
Question 2 advice
This is an essay question, and you should refer to the advice on answering essay questions provided in Section 6.1.3 of the Law undergraduate guide and Section 9 of Unit 2. Make sure that your answer is structured correctly with an introduction main body and conclusion as described in Section 6.1.3 and Unit 2.
Unit 16 contains the content you will work with for this answer but you will need to evaluate the arguments with in the question. This means you need to think about how the law on defamation and defamatory meaning might be problematic from your own considerations. You can also draw on Unit 17 and the text book if you consider it appropriate. You do not need to use additional information from else where and you will not be credited for doing so.
Question 3 advice
This is a reflective question using Gibbs reflective cycle which was introduced in Unit 1. It is important that you use the reflective cycle when writing your answer, and that you provide a considered and honest reflection.