TORTS B — LAWS11064

TERM 2 SUPPLEMENTARY TAKE HOME PAPER 2020
TORTS B — LAWS11064
INSTRUCTIONS SHEET
1. Type all answers in a Word Document and upload to the Supplementary
Paper submission link on Moodle. Include your name on the document.
2. This take home paper is comprised of three questions. Students must
answer ALL questions.
3. There is no set a word limit. As a general guide it is anticipated total word
count for this take home paper should be around 2000-2500 words. More
words does not necessarily equal more marks. Your answers should be
focussed and concise, and cover only issues of Tort Law.
4. Identify each of your answers by heading it with the question number –
eg. Question 1.
5. This take home paper is worth 50 marks in this unit.
6. The paper is released at 9am on 15 November 2020 and due 9am on 16
November 2020 (24 hours later).
7. Late submissions will not be accepted. In the absence of an approved
extension, there will be no opportunity to complete the task after this
date, and you will receive a mark of zero for this assessment task.
8. All work must be your own. Do not discuss the exam with anyone else,
and work by yourself.
TERM 2 SUPPLEMENTARY TAKE HOME PAPER 2020
TORTS B — LAWS11064
Question One 30 Marks
Frank had come into a large sum of money after making a bet on a long shot in the
Melbourne Cup horse race. Frank mentions his good luck to his friend Ronaldo, who is an
accountant. Ronaldo tells Frank “strictly off the record” that he has heard that shares in a
telecommunications comapany called Interweb Pty Ltd are about to increase in value with
the launch of a 5G network in Australia. Frank invests $10,000 of his winnings in Interweb.
In fact, shortly after Frank buys the shares, Interweb’s network is banned by the Australian
Government, who chose another company to provide the network. Frank’s shares halve in
value.
Frank also decided after his win that he should make a will and asked Lindy, a solicitor, to
help. He instructed Lindy that he wanted the residue of his estate, including his house, to be
left to his girlfriend Belinda and her daughter Danielle. Danielle was not Frank’s daughter,
but he treated her as such.
a) Does Frank have a claim in negligence following his investment in Interweb?
Frank died unexpectedly a few months ago. It now turns out that provisions in the will
(prepared by Lindy), regarding Belinda and Danielle’s intended benefit, were badly drafted
and are invalid. His estate therefore passes to his mother, Esme, rather than Belinda and
Danielle.
b) advise Belinda and Danielle on their possible claims in negligence.
Question Two 10 Marks
Explain, with reference to relevant law, the protection afforded to Good Samaritans, and
rescue workers in Queensland against claims of negligence.
Question Three 10 Marks
Discuss, with reference to relevant legislation and case law, the operation and effect of
obvious risks on liability for negligence.