LAWS509: Legal Reasoning and Writing - Aitken Agencies Ltd Case Study - Law Assignment Help

Assignment Task :

Question One                                                                              

Read the case Wilson v New Brighton Panelbeaters Ltd [1989] 1 NZLR 74 (abridged) provided with this exam and answer the questions below. 

1.  What does cur adv vult mean?                                    

2. To which court would the respondent appeal?                          

3. Is this a civil or criminal case? Identify one clue from the judgment that supports your answer.                    

4. Assuming the facts are similar enough, explain whether Aitken Agencies Ltd v Richardson was binding or persuasive on Tipping J?     

5. Who won?                                                                         

6. Identify one primary and one secondary source used by Tipping J.  

7. What is the issue before Tipping J?                                           

8. Explain why there was a trespass in Kirk v Gregory (1876) 1 Ex D 55?        

Question Two                                                                                                   

Brodie is studying engineering at AUT.  On leaving the gym, she picks up the wrong backpack and heads off to the plaza for lunch. She grabs some sushi and takes a seat with a few friends. Once she has eaten, she opens the backpack and realises it is not hers. She does, however, spot the advanced engineering textbook that she has not been able to get hold of ahead of the upcoming exam. Brodie spends the whole afternoon pouring over a couple of key chapters. Later she drops the backpack back to the gym.  Just as she is doing so Frank, the owner of the backpack, walks in.  He is furious, as he has been frantically looking for his backpack all afternoon.  He tells Brodie she has committed all kinds of legal wrongs.

Brodie is now concerned and has asked you for advice.

REQUIRED:

Write a letter to Brodie explaining whether she has committed the tort of trespass to goods and or the tort of conversion. 

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