Legt1711 (1 Viewer)

[shinji]

Hey hey;
got an assignment and i'm not too sure about how to go and start it.

the first question is "does so and so owe a duty of care to xxx"

would i just answer it according to whether they do or not (ie; if they have a relation or something .. what are some other things that tell if someone owes another person a duty of care?)
and then relate it back to a case and then go "hence; so and so does owe a duty of care to XXX" or something along those lines.

and then q2) goes "assuming there is a duty of care; advise xxx of her chances in bringing a successful action in tort against company.

for that part; would i just be doing the whole
"Breach
Causation
Defenses
Conclusion" thing?
whilst referring to relevant cases.


ps; im not trying to get you to do my assignment for me. lol; i'm just unsure about how to actually start writing it.

all feedback welcome

 

[Jago]

q1
- answer using the legal format (mirac? something like that)
- talk about all the elements are would constitute a duty of care

q2
- how likely it would succeed. (analysis of laws)
- use mirac again

 

[Chris.]

i got 52 for this

not doing a legt course ever again..

 

[shinji]

q1
- answer using the legal format (mirac? something like that)
- talk about all the elements are would constitute a duty of care

q2
- how likely it would succeed. (analysis of laws)
- use mirac again

thanks for the help jago!

and my tutor taught me "IRAC" -
Issue
Research
Application
Conclusion


and just to make sure; with duty of care it covers the following areas:

(1) A person is not negligent in failing to take precautions against a risk of harm unless:
(a) the risk was foreseeable (that is, it is a risk of which the person knew or ought to have known), and
(b) the risk was not insignificant, and
4.
(c) in the circumstances, a reasonable person in the person's position would have taken those precautions

right? lol. that's what it says under duty of care in the civil liability act

@Chris: unfortunately; i can see myself barely passing myself

 

[Loz_metalhead]

I really am hoping to pass this subject. I can't understand what my tutor is saying and for some reason she assumes all the questions are easy and that we don't really need to go through them in class...to bad no answers are on webct.

 

[Jago]

shinji: there's more to it than that i think. did you learn about salient features? i did 1711 back in 2006 so i dont remember anything in detail, but im pretty sure there are a few more things you need to include.

and remember to include both statute and common laws

 

[shinji]

shinji: there's more to it than that i think. did you learn about salient features? i did 1711 back in 2006 so i dont remember anything in detail, but im pretty sure there are a few more things you need to include.

and remember to include both statute and common laws

thanks for the help jago.

we just learned about the salient features in todays lecture. haha.. and more stuff about the duty of care.

luckily i went to the lecture today. :B

..and what do u meant statute and common laws?
we were only told to use the Civil LIability Act 2002 for our assignment.

 

[Jago]

unless you were told to only use the CLA, you should use both types

 

[shinji]

1. Does Peter Leigh & Associates owe Anastasia Baldwin a duty of care? Give reasons for your answer. (10 marks)

2. Assuming there is such a duty of care, advise Anastasia of her chances in bringing a successful action in tort against Peter Leigh & Associates. (10 marks)

Answer with specific reference to relevant cases and the Civil Liability Act 2002 (NSW). Do not consider any other legislation.

that's my assignment questions.
so i think it's allgood to assume we don't need to know about statutue and common laws for it. =D

 

[Jago]

statute law: CLA
common law: relevant cases

 

[shinji]

statute law: CLA
common law: relevant cases

hmm

i feel so dumb now.
hahaha

 

[Loz_metalhead]

Hey guys, just wondering if you are allocating 750 words to each question, or more to question two?

 

[Lavenderpup]

Asked the lecturer last week about that. We're allowed to have slightly more in question two.
By the way, that tutor sounds awfully familiar. :x Don't suppose you have a tutorial on tuesday? haha

 

[Loz_metalhead]

Yes I do have a tute of a Tuesday LOL. At 11am...

I actually have more for question 1:S...

Are you using the professional standard of care for the breach of duty? I'm not quite sure how to explain the opinion part

 

[ditto]

how many cases are you guys using?

i have too many, i think but they all seem relevant! did they give us a limit?