Australian Torts Law And Impact On The Common Law

By No1homeworkhelp.com on August 16, 2017 , Category law, 0

 200008 Torts Law- Spring 2017 – Legal problem solving assessment

Legal problem assessment (35%)

This is an exercise in legal problem solving.This assessment task is designed to address student learning outcomes 1-3 for the unit:

1

Identify and discuss the key principles of Australian torts law prescribed  by accrediting authorities.

2 Use the principles and processes of legal reasoning  in a torts context  to:

a. Analyse cases and identify legal principles, policies and authority;

b. Identify and apply relevant statutory provisions  and discuss  their impact on the common  law; and

C. Analyse and resolve legal problems.

Develop  clear, concise and persuasive  arguments to write answers  to legal problems  which are logically structured  and use correct spelling, grammar and  punctuation.

ASSIGNMENT INSTRUCTIONS:

Before submitting your assignment it should be spell­ checked and read aloud to check for grammatical errors and/or run through the grammar-checking tool in MS Word.All references must be in AGLC style (Australian Guide to Legal Citation, available free via the Library website, see Learning Guide for details; the WSU School of Law has also developed a free AGLC app you can download).

.Read the problem question scenario below.

.Answer all questions.

.Word limit: 1000 words, excluding footnotes.

.Format: Double spaced, AriaI 12 point, MS Word document.

. If you do not use a Word document we will not be able to view and mark it. Please note you can

2.Answer all questions.

.Word limit: 1000 words, excluding footnotes.

.Format: Double spaced, AriaI 12 point, MS Word document.

.If you do not use a Word document we will not be able to view and mark it.       Please note you can download the MSWord App for iPads free via App Store.

PROBLEM  QUESTION

Leah catches a train every day to and from her workplace in the Sydney CBD. Over the course of a month Leah has various experiences involving other passengers on the train.

  1. Leah catches a train home from work on Wednesday evening. Although there are some people on the train, it is not particularly crowded as it is after peak hour. There are several vacant seats available. Leah is standing in the foyer of a train carriage (where people get onto the train) because she is only travelling for a few stops. She is holding onto the yellow metal handrails in the centre of the carriage foyer. A man dressed in a suit, Adam, is standing behind Leah and is pressed up against her. Leah is horrified to realize that Adam has an erection and is pressing it against her.
  2. On her way home from work on Monday evening, Leah sits on a seat on the train. She has the tophalf of her hair tied back in a ponytail elastic. She is sitting next to the window underneath a sign saying,

‘DO NOT PUT FEET ON SEATS: ON-THE-SPOT FINE $200’ with her back to a group of older teenage girls who are giggling. Leah is tired, so she puts her feet up on the seat opposite, and leans her head on the window, half-asleep. When Leah gets off the train she realises that the chunk of her hair in the ponytail has been cut off. Leah speaks to the security guards at the train station the next day and

3 head on the window, half-asleep. When Leah gets off the train she realises that the chunk of her hair in the ponytail has been cut off. Leah speaks to the security guards at the train station the next day and the CCTV footage from the train shows the girls cutting off Leah’s hair with scissors.

  1. On Friday, Leah drops her Opal transport card on the floor next to her seat without realising she has done so. Leah has her earphones in listening to music on her phone and falls asleep. Tony, another passenger, sees Leah’s Opal card on the floor next to her. He says in a normal volume voice, ‘Hey is this your card?’ Leah does not hear him. He gets close to her face and shouts ‘HEY, IS THIS YOUR CARD LADY?’ Leah wakes up with a start and is frightened at seeing a man standing over her shouting into her face. Her heart is beating very fast. Tony gives her the Opal card back and walks away.

Answer all questions below.

Make reference in your answers to relevant cases and sections of the Civil Liability Act 2002 {NSW).

  1. Might Adam’s actions in Part A of the problem question satisfy the conduct and fault elements of any trespass? Explain why or why not.
  2. Explain whether any defences might be available to Adam.
  3. Consider the teenage girls’ actions in Part 8 of the problem question. Might the elements of any trespass be made out? Explain why or why not.
  4. Explain whether any defences might be available to the teenage girls.
  5. Consider Tony’s actions in Part C of the problem question.Might Tony be liable for any trespass?

Before you start working on this assessment,  go back and revise the notes from week 1, on using

  1. Explain whether any defences might be available to the teenage girls.
  2. Consider Tony’s actions in Part C of the problem question. Might Tony be liable for any trespass?

Before you start working on this assessment,  go back and revise the notes from week 1, on using authority to support your answers to legal problem solving questions.You are expected to explain your answers by applying relevant legal authority (cases and legislation)  to the facts of the problem.Refer also to the ‘Referencing Requirements’ section of the Learning Guide.

Marking guidelines

Students are assessed against the standards below. Your work will be given a mark corresponding with one of the following grades. The criteria specified should be considered as a guide. It is not exhaustive and an answer that is exceptional in one area may be given a higher grade because of this reason and vice versa.

.Resubmission

There will be no opportunity to re-take the group legal problem assessment.

.Marking criteria and standards

Fail

(0- 17)

A response that exhibits any of the following characteristics (the list is not exhaustive) may be awarded a fail grade:

• Written expression is so poor that the student’s statement of lega l principles, analysis and argument is frequently unclear.

• The response docs not demonstrate a basic grasp of legal problem solving.

• Use of authorities is so poor as to be meaningless and fails to provide adequate suppon for the argument.

• The student fails to identify the key tons. remedies and defences, or those that are identified are incorrect.

• The response does not demonstrate a grasp of the relevant legal principles.

• There is little or no application of the law to the facts.

• The response does not demonstrate an understanding of the question. presents mostly irrelevant material and largely fails to address the question.

• The response is substantially plagiarised.

Pass

(17.5 _ 22.5)

To achieve a pass mark the response should:

• Identify most of the key torts and their elements.

• Identify most of the key remedies and defences.

• Demonstrate a basic understanding of the key legal principles.

• Demonstrates a basic grasp of legal problem solving.

• Make some attempt to apply the law to the facts.

• Use authorities to provide basic support for the argument.

• Be logically structured in at least a basic manner.

• Be expressed satisfactorily.

Credit

 

In addition to satisfying the criteria for a pass grade, the response should:

• Be logically developed and well structured.

 

 

Credit

(23-26)

In addition to satisfying the criteria for a pass grade, the response should:

•             Be logically developed and well structured.

•             Demonstrate a good grasp of the relevant law, but mainly restricted to the case law.

•             Use authorities appropriately to provide clear support for the argument.

•             Contain some critical analysis of some of the issues.

•             Develop, sustain and substantiate a relevant and logical argument with thorough application of the law to the facts.

•             Demonstrate a reasonable grasp of legal problem solving.

•             Be expressed reasonably well with attention to matters of style and structure.

A credit response may be distinguished from a pass response on the basis that the student attempts to say something: that is the response demonstrates a good attempt to engage in critical analysis and argument. A response at the top of the credit level may be held back from distinction level by some significant flaw in, for example, its argument or presentation, demonstrated understanding, inconsistency or omission.

Distinction

(27-29)

 

 

In addition to displaying the characteristics of a credit response, at this level the response should:

• Present a cogent and coherent argument that displays superior critical analysis of the issues.

• Show good judgement as to the appropriate degree of analysis of the different issues to be addressed.

• Demonstrate a strong grasp of the legal principles.

• Demonstrate a strong grasp of legal problem solving.

• Demonstrate the influence of policy arguments.

• Be structured in a logical manner and well written.

A distinction response may be distinguished from a credit response particularly on the basis that the student makes a good and cogent argument based on superior critical analysis of the more complex legal issues. The entire content of the paper should be relevant to the student’s argument.  A response at the top of the distinction scale may be held back from high distinction level by some minor omissions or inconsistencies, including ineffective written expression.

High Distinction

(30-35)

A paper at this level will display all the characteristics  of a distinction paper but will surpass that grade because it will:

• Be distinguished by superior analysis and argument.

• Demonstrate good judgement and balance with regard to the appropriate analysis of the different issues.

• Demonstrate an excellent grasp of the relevant legal issues.

• Demonstrate an excellent grasp of legal problem solving.

• Demonstrate particular originality or creativity.

• Demonstrate perceptive use of legal analogy and reference to policy issues.

• Be consistently excellent in its written expression.

A response may be awarded a high distinction not withstanding some minor flaws if it demonstrates a superior argument, outstanding creativity, and is outstanding in most respects.

6Q: ‘I have come across a useful case but it was from the English Court of Appeal … is it okay to use this case?’

A: There are several important concepts in this question. Is the case current? What is the precedent value of the case? Remember that how old a case is does not determine its currency or value – go back to the slide on Donoghue v Stevenson for an example. You can check the currency of the case by looking it up on CaseBase (there are slides in the relevant Skills Lab lecture to guide you through using this tool). How have Australian courts dealt with the case – have they adopted it into the body of Australian law? Or is it just of persuasive value as a precedent? The next thing to think about is whether this is the best case to use.It might be relevant authority, but is there a better case? The starting point should be the cases covered in your textbook readings, lectures and tutorials.

Q: Re the structure of the assignment:  ‘If I just write out the question and then answer it, will the fact that I wrote the question out contribute  to the word count?’

A: No it won’t, but it will be a bit annoying for the marker as they will have to separately check your answers for a total word count.       It’s best to just use numbers, e.g. 1. and start writing your answer.

Q: ‘I can’t find the submission link for the Torts assignment.

A: Thank you for the reminder!                 I had left the link on  invisible to students•, oops. It should now be visible. Use the ‘on time’ submission link if you are submitting on time, and only use the ‘late’ link if you are submitting.

 

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