Posted: April 16th, 2015

Australian Torts Law

Australian Torts Law

Order Description

Problem Question (1,500 words excluding footnotes and bibliography) No cover page, summary or conclusion. Only answer the question as per the instructions.

Please note that I have upload lectures notes. Please stick to those notes and apply the legal rules included in the notes to the fact of the case

Please ensure that you are using the IRAC method for the paper

Format
There is no need for a title/cover page. • double or 1.5 lines spaced. • Is presented in text that is at least 11 point; the type-face in the footnotes is at least 10 point. An easy-to-read font is recommended eg. Lucida Sans or Times New Roman. • has page numbers at the top of each page. • has a left-hand margin of 5cm and a right hand margin of 2cm. • has been referenced in accordance with the Australian Guide to Legal Citation (3rd ed, 2010).

‘Referencing
At least 15 case law must be included.
At least 5 references including the prescribed textbooks.
The assignment must be referenced in accordance with the Melbourne University Law Review Association Inc., Australian Guide to Legal Citation (3rd ed, 2010). Attached

Assignment Question
On a sunny Saturday morning in January, Rachel was driving to the beach when her car broke down on a busy road. As there was a ‘No Stopping’ sign, Rachel tried to push the car onto the grassy area next to the road, but it was too heavy. Rachel decided to leave the car where it was until the roadside assistance company arrived. The road was wide enough that other cars could get past Rachel’s car. Ben was on his way to a party and decided to get into the party mood by playing loud music and singing while driving. As Ben’s attention was not fully on the road, he failed to see Rachel’s stationary car until it was too late. Ben swerved to avoid Rachel’s car but still hit it, injuring Rachel who was sitting on the bonnet of the car. Ben’s car then collided with Olivia’s car, which was travelling in the opposite direction. As a result of the accident, Olivia is seriously injured. Miraculously, Ben has no injuries.
Discuss the rights and liabilities of the parties in tort.
All events took place in New South Wales in January 2015.
Citation must be in accordance with the Australian Guide to Legal Citation (3rd edition).
Limit your answer to “The Tort of Negligence” covering the issues related to:
1. Duty of Care
2. Standard of care and breach
3. Causation and Scope of Liability for Consequences
Please Note: you are not required to discuss Defences.
Prescribed text
• Luntz, H., Hambly, D., Burns, K., Dietrich, J. and Foster, N., Torts: Cases and
Commentary, (LexisNexis, 7th ed, 2012) (ISBN 9780409328462) and;
• Clarke, A.D., Devereux, J.A., Werren J. and O’Reilly, J., Torts: A Practical Learning Approach (LexisNexis, 3rd Ed, 2013) (ISBN 9780409323964).
References
At least 15 Australian cases are to be cited (you could use the list below), and at least 5 references.

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