The Letter of Advice - Law of Torts (11278) - Law Negligence Assignment Help

 The Letter of Advice Law of Torts (11278) Law Negligence Assignment Help

Assignment Task:

You need not undertake this assessment item – the Letter of Advice - Negligence assignment – in order to pass Law of Torts (11278). You are strongly advised to start work on this item when the Instructions are released rather than leaving it until the day of the deadline. Please refer to the Unit Outline and the discussion in the second lecture and Week 3 workshop.
The Letter of Advice - Negligence assignment is the second of three assessment items in the unit. Across the three assessment. You must achieve a cumulative mark
higher than 49.5 to pass the unit.

Question
The University of the Australian Capital Territory (UACT) provides student accommodation to its students at its campus in the Canberra suburb of Trevor. The
university owns the facilities but subcontracts the management of the student accommodation to Best Damm Sleepover in Town Pty Ltd (BDSIT), with a resident
BDSIT Manager living in the student accommodation and providing supervision and accommodation block, Wombat Lodge. Wombat Lodge was designed and constructed by Quality Construction Technologies Pty Ltd and designed by Jegrum Pudd Architects Pty Ltd. The building is a large seven story flat roofed  building with room for 400 students. The exterior of Wombat Lodge is covered in  a shiny copper film, which changes colour when exposed to the sun from different angles. Part of the design of Wombat Lodge is an extensive water runoff system, which involves a series of downpipes from the roof to the ground, which carry rain water away from the roof to the university’s water reservoir. The pipes are 15cm diameter steel pipes, which are fastened at the roof level and at the ground level and drop vertically down the side of the building. To be consistent with the exterior, these pipes have been covered with the shiny smooth copper film.

The contract between UACT and BDSIT, states in the event of claim by a student for damages arising from the negligence of either UACT, BDSIT or both, in relation to
Wombat Lodge, the liability will be resolved using common law principles, as amended by the operation of the ACT Civil Law (Wrongs) Act (ACT) 2002.

The rental contract between UACT students and BDSIT states in the event of claim by a student for damages arising from the negligence by BDSIT, the liability will be
resolved using common law principles, as amended by the operation of the ACT Civil Law (Wrongs) Act (ACT) 2002.

Jean Claude Piccard is a French exchange student studying Law at UACT. Jean Clause is in his final year and has achieved a Grade Point Average of 6.89 across
his LLB units. Jean Clause has just been accepted to undertake an internship at Australian Parliament House with Member of Parliament Harris Owen, who is tipped
to be Australia’s next Prime Minister (due to his pro-migration stance).

During Orientation week 2019, Jean Claude rented a room in Wombat Lodge on the fourth floor. Running late for a lecture on the 19 th  of March 2019, Jean Claude used
one of the downpipes as a ‘fireman’s pole’ to slide down to ground level. Jean Claude safely made it to the ground, and over the next week regularly used the down
pipe as a fireman’s pole. Unfortunately, on the 26 th  of March 2019, while Jean Claude was descending on the downpipe, the mounting bracket broke away at roof level.
Jean Claude fell the last 6 metres  to the ground and then while lying on the ground, was struck on the shoulder by the mounting bracket.

As a result of the fall and being struck by the mounting bracket, Jean Claude suffered a broken pelvis and a shattered collarbone. Jean Claude has had to defer
his studies for six months due to his injuries, and in addition the injuries have required Jean Claude to:

1. pay medical bills for surgery to the value of $42,000;

2. pay $10,000 to modify his student accommodation with electronic hoists, so that he utilize a wheel chair, during his six month recovery period;

3. hire a motorized wheelchair for the expected six-month rehabilitations at cost of $4,000.

4. suffer ongoing pain and restriction of movement, which will require him to walk with a stick for the rest his life (estimated at a damages sum of $205,000); and

5. forgo the internship at Australian Parliament House.

UACT has had the mounting bracket examined by an expert third party, who has determined that the bracket was correctly designed, manufactured and installed for
its intended use. The bolts were designed with a 250% safety tolerance, which is higher than the relevant Australian building standard. However, the bolts holding the
bracket were not designed to bear the additional stress of an 80 kg student repeatedly swinging on the pipe and as a result, the mounting bracket subsequently
broke free from the bricks to which it was attached.

Wilma Baratheon is a tenured professor at UACT’s law school. On the 21 st  of March she overheard Jean Claude discussing his pole sliding exploits at the end of a Law
of Torts lecture (Professor Baratheon is an internationally acknowledged expert on negligence law). Professor Baratheon intended to warm Jean Claude against the risk
and advise UC Management to put up a sign warning against using the pipes as a means of egress from Wombat Lodge, but due to a pressing student AGLC4
question, forgot to either advise Jean Claude or advise UACT management. Professor Baratheon did however mention the student’s behavior to Drew Bentham,
the barrista at a Kingston coffee shop, where Professor Baratheon sips deconstructed lattes with caramel flavouring. That conversation took place on the 22 nd  of March 2019.

Jean Claude’s final descent was captured by another student on a camera phone, complete with screams, compound fractures and large amounts of blood. The
student posted the video to youtube where it subsequently went viral and has over 1,000,000 hits. The university has subsequently received notice from 26 claimants
that they have suffered mental harm, in the form of diagnosed anxiety attacks, as a result of watching the video and they  intend to sue UACT for negligence. Twenty
five claimants have no relationship with Jean Claude or UACT. A 26 th  claimant, Ms Maree Piccard is Jean Claude’s favorite Aunt, who  watched the video over the
internet and has subsequently suffered clinical depression.

Jean Claude has notified UACT, that he intends to bring an action in negligence against UACT. Advise UACT as to its liability to Mr Piccard and others, and any potential defences, assuming all actions are bought in the ACT courts and under ACT law, Word count 2,500. Do not submit a bibliography. Referencing in the Letter of Advice - Negligence needs to be AGLC4 compliant.

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