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WRITTEN ASSIGNMENTThe written assignment will serve as a good means for assessing course
participants’ ability to apply legal concepts and knowledge learnt to a real-life
situation.
AIM OF WRITTEN ASSIGNMENT
The written assignment aims to assess participants’ ability to interpret the legal
issues involved in a given case, apply principles learnt and recommend possible
actions for resolving the legal issues.
GUIDELINES
1. You will be assigned a case to study and analyze in four steps:
i. Identify the legal issue(s) involved in the given case
ii. State and elaborate on the relevant principles, citing references
iii. Apply principles and discuss the case
iv. Recommend possible actions for resolving the legal issue(s) and draw
conclusions
2. You should submit a type-written assignment. The assignment should be about
1,000 – 1,500 words.
3. Please note that plagiarism and cheating in any form will be penalised.
4. Each report shall include the Coursework Grading Form as the cover page stating
clearly the module title, name and date of submission.
5. The report is to be typewritten on A-4 size paper with double spacing, 12-point
font (Times New Roman preferred) and margins of 2 cm on all sides. All pages must
be numbered and properly stapled/secured. The report shall include a table of
contents and the paragraphs of the report are to be numbered.
6. Course participants are to submit their written assignment by the prescribed
deadline. Any late submission will be awarded zero mark. Course participants may
wish to keep a photocopy of their own report as the marked report will not be
returned
Tort Law
Thomas, a tramway passenger in New South Wales was injured in a collision with
another tram, which occurred after the driver collapsed at the controls. Thomas,
as plaintiff, argued that the collision could have been avoided if the tramway
authority had fitted the tram with a system known as ‘dead man’s handle’, a
system in use on New South Wales’ trains. This would have stopped the tram and
avoided the accident. The device had been rejected by the tramway authorities
because it was felt that it could cause drivers to become tired, irritated and
inefficient. There was no evidence of any similar device in use on two-man trams
anywhere in the world.
After suffering injury in the collision and receiving outpatient treatment Thomas
then went home to rest. While at home, Thomas receives a call from the manager
of his shop located in downtown Sydney that two individuals have been injured
while in the premises – one individual was a paying customer of the shop while
the other individual was merely passing through the premises while enroute to
school.
Both individuals are now looking to claim against Thomas’ business for injuries
suffered in the premises and Thomas’ manager would like to understand whether
there is any difference in the level of duty of care owed to the individual who was
a paying customer versus the other individual who was merely passing through
the premises.
(a)
Will Thomas succeed in his claim against the tramway authority? Explain
your reasoning generally and by reference to Mercer v Commissioner for
Road Transport & Tramways (NSW) (1936) 56 CLR 580. (20 marks)
(b)
Having established duty, breach and damage, is the tramway authority
liable for all the damage suffered by Thomas? Discuss. (10 marks)
(c)
Does Thomas’ business owe a higher duty of care to the individual who was
a paying customer in comparison to the other individual who was merely
passing through? If you think that a contractual entrant is owed a higher
duty of care, or a non-contractual entrant is owed a lower duty of care,
explain why. Please make reference to Australian Safeway Stores Pty Ltd v
Zaluzna [1987] HCA 7 (20 marks)
(Total: 50 marks)
Contract Law
Mark is an Australian citizen and a businessman residing in Australia. He offered
to purchase Rob’s house and gave Rob six weeks for a definite answer. Rob, on
the basis of Mark’s offer, bought another house. Before the six weeks expired,
but after Rob had bought the second house, Mark withdrew his offer.
In the course of running his business operations, Mark had been accustomed to
dealing with Maddock, the owner of a shop with which he had a running account.
Mark recently sent an order to Maddock’s shop for the supply of some goods. The
shop had that very day been sold to the foreman, Carey, who supplied the goods.
Mark used the goods and, when he learned of the change of ownership, refused
to pay for them, claiming that he had intended to deal with Maddock personally
as he had a set-off (i.e., he was owed money by Maddock) with him.
Mark has a son named Sam who is a teenager. Sam obtained a loan of money
from Les by telling him that he was 19 years old when in fact he was only 16.
Sam then defaulted on the repayments, and Les, brought actions in contract and
tort against Sam to obtain repayment.
(a)
Is Mark entitled to withdraw his offer to purchase Rob’s house? (15 marks)
(b)
Is Mark liable for the price of the goods owed to Maddock by reference to
Boulton v Jones (1857) 157 ER 232 and other applicable legal authorities?
(17.5 marks)
(c)
Advise Sam whether Les is likely to succeed in his actions. (17.5 marks)
(Total: 50 marks)
