LAW2580 - Mentoring Exercise Case Study - Riverguide - Murray View - Law Assignment Help

Assignment Task
 

MENTORING EXERCISE 
THE SCENARIO 

Murray River, on the Victorian side of the river. They let it out on Airbnb and Stayz, two large luxury farm house called Murray View on theWINTER and WOLFGANG SUMMERS Own a river efrontage. It is let out for $1000 a night and mmodation sites. It is their main source of income. The property has six bedrooms and is advertised on Airbnb as a luxury river retreat. About 2 January 2021 a review of the property appears on a Facebook page called AirbnbUsers. In the . section of the Facebook Page there is no information as to the individuals who run the AirbnbUsers page. The review is by a person who calls themselves 'Riverguide.' Riverguide has a Facebook page but again there is no evidence on searching thepage as to the identity of `Riverguide' or where they are located. 

`Riverguide's' review is damning of Murray View. The review includes these comments: "There is nothing luxury about Murray View. It is freezing cold and the heating doesii't work. The kitchen and bath rooms are shabby and dirty." " The owners and hosts Margaret and Wolfgang are dismissive of complaints and incompetent when it comes to sorting out simple requests." 
"I have stayed in over 100 river front properties around the world in the past decade and Murray View is by far the worst. Only book it if you want a nightmare of a holiday." MARGARET and WOLFGANG had Murray View booked out through January until after Easter this year. But after the review by 'Riverguide' they have been inundated with cancellations. They estimate a loss of revenue of $100,000 to date. 
MARGARET and WOLFGANG feel that they have been defamed by `Riverguide' and the hosts of the Facebook page which published the comments. They are also concerned that Facebook has allowed this material to be published. 

You are lawyers who run ACCESS LAW, the law firm in Melbourne MARGARET and WOLFGANG are using. They want your advice about getting the Facebook page removed, and how they can sue `Riverguide personally, and/or the host of the page AirbnbUsers for defamation. If they can sue, given Facebook's worldwide reach, in which jurisdiction do they issue proceedings?

1. What are the legal issues?

a. Before you get started, discuss in a group what do you think the iega! issues are in this case. What would you consider to be a fair outcome for your clients? 

b. Is there any legislation or case law that applies in this case? Which databases can you use to find the applicable law? Discuss with your mentors and in your group  how you can get started with your search.

c. Which of the resources found is  the key authority for this case and why? 
 

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