Highlights
Task:
Relationship to other tasks and assessments:
This assignment focuses on the first two ‘themes’ of the unit, namely, the tort of negligence and its defences.
The deadline for the assignment is 11.59pm Wednesday 10 March 2021, by which time students will have moved onto learning about damages, tort reform and other intentional torts.
The assessable quiz and non-assessable in class role-playing scenarios will traverse similar concepts and content. However, the problem-based nature of this assignment requires a deeper understanding of relevant principles and the ability to apply such principles to the facts of the hypothetical scenario.
Purpose of this assignment and ULOs assessed
The purpose of this assignment is to:
1. Test student’s knowledge and understanding of the principles relating to negligence (sessions 1-4).
2. Require students to apply the IRAC methodology to address a hypothetical problem
3. Consolidate student’s learning on the first half of the unit generally.
The unit learning outcomes assessed are:
1. ULO2 - Map the process by which actions in tort have developed over time and justify its current relevance.
2. ULO3 - Evaluate the arguments for and against “no-fault” legislative schemes as applicable to given problems in the area of tort law in current Australian society.
3. ULO4 - Explain the theoretical rationale for particular actions in tort.
4. ULO5 - Critically analyse the Court’s interpretation of key sections of relevant legislation applicable to the torts studied.
Scenario
James is employed as a factory worker by Super Quick Pty Ltd. Super Quick manufactures steel frames used in housing construction. James’ role at Super Quick is to apply labels to the different batches of steel that identifies the job and also what section of the property the steel is to be used in. To perform this role James often needs to stand on a platform in order to secure the label to the steel.
During James’ shift on Wednesday afternoon, some of the steel became stuck on the conveyor belt. In an attempt to rectify the problem James stood on the platform, reached across the conveyor belt and dragged the steel away from the far side of the belt. James was slightly unbalanced and in an attempt to regain his balance fell sideways.
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