Alandra Immigrated from Brazil Case Study - Law Assignment Help

Assignment Task:

Task:

Question 1

Alandra immigrated from Brazil with her family, in 2005. While Alandra lived in the Logan area of South East Queensland (between Brisbane and the Gold Coast) from 2005 until 2016, she moved to the northern regions of Brisbane, in 2016. In 2016, she bought a house in Everton Hills. On one side of her property was a park. Behind her house was a spare block that was for sale. The property diagonal to hers was owned by a young family, the Smiths, whom she spoke to regularly. On the other side, the property is owned by Marko, to whom she rarely speaks after an argument they had in 2017 regarding one of Alandra’s trees blocking Marko’s city views.

On the Queen’s birthday long weekend in October 2020, Alandra was planning to hold a 60th birthday party for her father, Afonso. To accommodate for the 60 people she was inviting, she hired a large marquee that was to be set up in her back yard. The party was to be held on the Saturday, so on the Friday before the party, Alandra took the day off work, and intended to spend the day putting up the marquee, cleaning the yard and placing decorations around the yard and house.

The marquee arrived at 10am and, with the help of her brother, Alandra had it up and secure by 12pm. The marquee proved to be slightly larger than Alandra expected so she had to attach one of the four main ropes holding the marquee up, to a neighbour’s tree. The neighbour’s property was situated diagonally across from Alandra’s. She had permission from the Smiths to use their tree. Once the rope was attached to the tree, Alandra realised it also passed through the corner of Marko’s property. The rope was a good three meters above the ground and only passed through about one metre of Markos property, so Alandra decided not to bother telling him, especially as he was at work and would be all day.

On the Saturday before the party, Marko’s brother, Bartol, had gone into hospital for a shoulder operation so he left his Jack Russell (breed of dog), Terry, with Marko. Terry was not used to being alone as Bartol worked from home. During most of the week, Terry was inside while Marko was at work but today, while Alandra was preparing for the party, he was outside. A little distressed with his situation, Terry barked constantly while Alandra worked in the backyard where Terry, next door and behind a fence, could hear her. While Alandra was extremely annoyed at the dog, she

was also a dog lover and negligently decided to throw the dog a chicken leg she had left over from the previous night’s dinner. She should have known dogs are not supposed to eat chicken bones, but her mind was busy dealing with all the party preparations. This did the trick and kept Terry quite as he chomped on the leg.

Half an hour later, realising she had not heard the dog for a while, Alandra looked over the fence and saw Terry lying very still on the ground. She called to the dog but there was no response. Concerned the dog had choked on the bone, she jumped the fence and knelt down next to the dog and tried to discover if Terry was still breathing. At that moment, Marko drove into the driveway.

Seeing Alandra crouching over the prostrate dog, Marko thought she was attacking the dog, so he ran at Alandra, swinging his computer bag above his head, screaming, ‘Leave Terry alone or I will smash you.’ At that moment, Alandra looked around to see Marko running towards her screaming, so without thinking, she sprang to her feet, stepped to the side and kicked a small clay garden gnome at Marko, hitting him in the face and breaking his nose. The hit stunned Marko, who tripped over his own feet, landed on Terry, which knocked the wind out of the dog, dislodging a chicken bone that had been stuck in Terry’s throat, allowing the dog to breathe again.

As he hit the ground, Marko dislocated his shoulder. Seeing what Marko had done, herself having dislocated a shoulder on two previous occasions, Alandra tried to put Marko’s shoulder back in, because she understood, the longer the shoulder was out, the more permanent the damage that was likely to occur. Unfortunately, Alandra had not actually done this procedure before and had no formal first aid training, so while she got the shoulder back in place, she caused ligament damage that would not have occurred if a medical professional had reset the shoulder.

Alandra called for an ambulance, which arrived in three minutes. As Marko was on his way to the hospital, he received a call on his phone from his brother, Bartol. Bartol had been released from hospital and was just around the corner from Marko’s house. Marko told Bartol what had happened.

As the ambulance pulled away, Terry started coughing up blood. Alandra did not have a car, as she had lent it to her sister to do some shopping. Seeing Marko’s car still had the keys in it, she got in and rushed Terry to the local veterinarian which was four kilometres away. As she drove out of the driveway, she passed Bartol, who saw her

in her brother’s car with Terry. Bartol thought she was kidnapping the dog, so he followed her.

As Alandra pulled into the vet, Bartol pulled up right next to her driver side door so she could not open it. He slid over to his passenger side seat, wound down the window, to speak to Alandra, who had her window down. Alandra told him she was taking Terry to the vet, as he was bleeding. Bartol said, “Give me the dog. He is mine.” Alandra gave him the dog, to which Bartol then stated, “You better stay in the car lady. I am going to take the dog in and when I come out, you are going to regret every touching my brother and my dog. So, don’t move; I’ll be watching through the window.”

Once in the vet, Bartol immediately went to the window to make a point of looking out. He was happy he had made his point, as he really had no intention of hurting Alandra, he just wanted her to feel bad for hurting his dog.

Advise Alandra in relation to any actions she may have for, or against her, in trespass, conversion and detinue only.

DO NOT advise Alandra about any remedies that may be available to her, or any other person.

ONLY advise Alandra regarding any defences she could argue regarding any action that Marko may have against her.

When deciding what actions are relevant, and thus what you DO NOT need to advise Alandra about, you can assume the following:

1. There is to be no action in trespass to land for the actual throwing of the chicken bone to the dog. So, there is no need to advise Alandra re this specific trespass to land.

2. There is to be no action in trespass to land for Alandra jumping the fence and going onto Marko’s land to check on the dog. So, there is no need to advise Alandra re this specific trespass to land.

The above  Law Assignment has been solved by our  Law Assignment  Experts at My Uni Paper. Our Assignment Writing Experts are efficient to provide a fresh solution to this question. We are serving more than 10000+ Students in Australia, UK & US by helping them to score HD in their academics. Our experts are well trained to follow all marking rubrics & referencing style.

Be it a used or new solution, the quality of the work submitted by our assignment experts remains unhampered. You may continue to expect the same or even better quality with the used and new assignment solution files respectively. There’s one thing to be noticed that you could choose one between the two and acquire an HD either way. You could choose a new assignment solution file to get yourself an exclusive, plagiarism (with free Turnitin file), expert quality assignment or order an old solution file that was considered worthy of the highest distinction.