LAWS5001 Torts Law Assignment – Australia

Subject Code & Title :- LAWS5001 Torts Law
Assessment Type :- Assignment
Instructions :-
This assignment is a compulsory assessment worth 30% of your final mark Students must make a satisfactory attempt to pass the subject.
LAWS5001 Torts Law Assignment – Australia

LAWS5001 Torts Law Assignment - Australia

Please note that you are not permitted to work collaboratively on this assignment. Your answer is to be entirely your own work Your assignment will be subject to analysis by software to detect similarities. To be clear do not discuss the assignment topic with any other student and do not show your draft or final assignment to any other student until results are released.

It is important that you understand and comply with the University’s Academic Integrity requirements.

A maximum word limit of 1502 words applies.
The total word count for written assessments excludes bibliography; footnote numbers citations in foot notes cover page. The word count includes body text headings and sub-headings quotations word count any text other than numbers and citations in footnotes.

Students must provide a word count at the end of their assessment (2 words).

Excessive word penalty: the maximum word count is strict There is no leeway A piece of assessment which exceeds the prescribed word limit will attract a penalty of 10% of the total marks available for the piece of assessment for every 100 words or part there of.

All assignments must be accompanied by a bibliography listing all secondary sources used in answering the assignment. Cases and legislation set out in footnotes need not be included in the bibliography The bibliography does not count towards the word limit.

Assignments must be submitted in accordance with any requirements set out in the Unit Outline on Canvas.

Please ensure that you keep each pre-submission draft version of your paper on file so that you can provide them if requested. This is a measure to maintain academic integrity and it is your responsibility to save multiple drafts. Do not rely on keeping your drafts or your final answer on a laptop or other computer which may malfunction.

The assessment criteria to be applied in the marking of the assignment are set out in the Unit Outline on Canvas.

Extensions and special consideration:
Students can apply to the course convenor Dr Gemma Turton in advance of the submission deadline for a simple extension of up to 2 working days.

Applications for longer extensions or reassessments must be made through the online special consideration portal Please familiarise yourself with the University’s eligibility criteria and processes for applying for special consideration.

No extensions will be permitted after the closing date of 15 April and any students who successfully apply for special consideration extending after the closing date will be required to complete an alternative assessment (which may be a different format to the original assignment).

Late submissions without an extension:
The late submission of a piece of assessment without an approved extension will attract a penalty of 10% of the total marks available for the piece of assessment per calendar day or part there of. For example a submission at 2 pm or 11 pm on the due date for submission will attract a 10% penalty. A submission after 12 midnight of the due date for submission will attract a 20% penalty and so on.

Canvas allows students to submit after the deadline, but all submissions after the due date and time will be recorded as late. Subject to a 5 minute grace period penalties for late submission will be applied strictly. The date and time of submission as recorded by Canvas is taken as the official and final record of a student’s submission. The final document uploaded is the document that will be marked. Students are responsible for uploading the correct version of the correct document to the correct box for the subject. Corrupt and incorrect files submitted through Canvas will not be accepted. Canvas allows students to check their submission.

The aims of this assignment:
This is a problem-based assignment and not a research essay. It is designed to test your problem-solving ability dresfxi.e. your ability to identify and analyse legal issues in a hypothetical fact scenario. It aims to test your understanding of the cases and legislation set out in the Reading Guide, and discussed in classes although the best answers may follow up issues by reference to recommended texts and other sources as appropriate. You should answer with reference mainly to primary sources (i.e., cases and legislation) and not to secondary sources. It is inappropriate to quote or cite lectures or the Reading Guide, but reference to text books and other recommended texts may be acceptable in limited circumstances (e.g.an opinion on a contested point of law). You should support your answer with pinpoint citations to relevant paragraphs or page numbers of cases and other texts.

LAWS5001 Torts Law Assignment – Australia

This assignment seeks to test your understanding of aspects of the material listed in the reading guide under topics 1-7 inclusive Not all material in these topics will necessarily be relevant to the problem. The identification of relevant issues is a key skill being tested in this assessment.

Assignment question

Antony and his sister Beth were all employed in their parents’ family-run company Kwik constructions Pty Ltd as engineers, along with a number of other colleagues including Carl. Carl worked at a desk, using an office chair. As a practical joke when Carl went to the toilet Antony would often run over and reach under the chair to loosen the knob that adjusted the height of the chair so that when Carl returned from the toilet and sat down the seat would drop beneath him. Carl felt embarrassed by this and was starting to suffer lower back pain.He was seated nearest to Beth so suspected it to be Beth that was playing the prank but he was not sure.

LAWS5001 Torts Law Assignment – Australia

LAWS5001 Torts Law Assignment - Australia

On one occasion having reached the end of his tether Carl stood up and shouted across the whole room while staring at Beth “whoever is doing this had better bloody stop or they’ll live to regret it”. Beth knew she was innocent but felt anxious because of the way Carl looked at her while shouting.The next day Carl arrived early to work and stuck razor blades on the height adjustment knob of the chair. The next time he went to the toilet, Antony ran over and reached under the chair without looking tried to turn the knob and his hand was cut open by the razor blades. It was bleeding profusely and he suffered permanent nerve damage which prevented him from working as an engineer. Beth was horrified at the sight of her brother’s injury and developed a depressive disorder leaving her unable to work for two months.A week after the incident with Antony, Kwik constructions Pty Ltd decided to hold a “Respect in the Workplace” seminar on site. It issued a direction to all employees that attendance was mandatory for the duration of the seminar which the company said would take place between 9 am and 5 pm on the following Friday. Carl was amongst the employees that attended the seminar the following Friday. At around 4 pm that day Carl left the seminar room to use the bathroom in the building. While he was in the bathroom the seminar finished early and all employees of the company quickly went home. The security officers employed by Kwik Constructions Pty Ltd then locked the building as is normal at the end of a regular working day and went home themselves. Carl came out of the bathroom at around 4:15 pm to discover that he was locked inside the building and no one was around to let him out. Carl called one of the security officers who came back to the building at around 5:00 pm and let him out.

Advise Antony and Carl of their rights and/or liabilities in relation to the above facts assuming the events take place in New South Wales. Your advice should include a discussion of any available defences and damages. (Do not consider any issues of vicarious liability.)

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