Highlights
TASK:
Assessment task
1. Negligence law (this part is worth 15%)
The course includes the study of negligence - a complex area of the law. A key part of this topic relates to determining whether a duty of care is owed by the defendant to the plaintiff in a given situation. To determine whether a duty of care is owed it is necessary to apply the neighbor test which is predominantly talking about the concept of reasonable foreseeability.
Scenario
Jack was a university student at USQ who decided to work on a cattle station in the Northern Territory over the holidays. His parents were reluctant to let him go but they eventually agree. The station owner and Jack’s employer sent Jack out to a remote waterhole to check the condition of the cattle. The truck Jack was driving broke down and because his mobile phone was out of battery he could not phone for help. Sadly Jack died and the understandable emotional shock felt by his parents on the news of his death resulted in them suing Jack’s employer for emotional injuries.
Assessment task
Does the station owner owe Jack’s parents a duty of care? In your answer refer to applicable case law.
2. Agency (this part is worth 15%)
A key issue in the law of agency is the authority of the agent. In order to bind the principle by the actions of the agent, the agent must have been acting within some level of authority. The authority of the agent comprises:
You have a small problem scenario, but this time dealing with agency. The same instructions apply, addressing the research question and methodology. You are simply adapting the requirements to address this new research problem.
Scenario
Tina and Susie formed a company to acquire and develop land. The board of directors comprised Tina and Susie, and a nominee of each. The development of the land was left to Tina who, with the knowledge of the Board of Directors, acted as Managing Director, although she had never been formally appointed to the position. Tina employed a firm of architects to design plans for the land. They issued a bill to the company but this remained unpaid. Later the architects sued the company for payment of their fees for work they have done.
Assessment tasks
Is the company liable for the architect’s fees?
In addressing this question identify the research question, explain the relevant law succinctly relating to the research question and then discuss your research methodology, and finally provide an answer to the question.
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