Torts Assignment 2021 Term 2 have a read PDF

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use for readings and class lectures, great for asssignments and make sure you mention it in footnotes also...

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UNIVERSITY OF NEW SOUTH WALES TORTS TERM 2 2021 JURD 7161/LAWS 1061 ASSIGNMENT INSTRUCTIONS This assignment is worth 40% of your marks for the term for this subject. It is in two Parts. Part One is worth 65% and Part Two is worth 35% of the marks for this assignment. Answer both Parts of the assignment. There is a word limit of 2500 words (not including citations) for the whole assignment. Words over 2500 will attract a penalty of 5% of the available marks for each 10% over 2500. The assignment must be submitted electronically through Moodle before 4pm on Friday 2 July. You have over two weeks for the assignment, which will give you time to organise your other assessments. It is assumed that you have other assignments and work to do. Pressure of other assignments or work is not a reason for an extension. No extensions will be granted without a request in writing addressed to the university’s special consideration unit https://student.unsw.edu.au/specialconsideration and accompanied by relevant documentation. Late assignments will be penalised 5% of the available marks per day. You are reminded of the University rules relating to plagiarism. See online: https://student.unsw.edu.au/plagiarism All facts and events take place in New South Wales. PART I. (This part is worth 65% of the marks for this assignment). Consider the following facts and answer the questions below: FACTS The NSW Bush Campdraft Association (‘NSWBCA’) has been operating for 3 decades in an outer area of Sydney that was once bush and farmland, but has been gradually redeveloped. The main complex of the NSWBCA (where they run all of their events) is now surrounded by residential homes, shops and family park areas. Campdrafting is a sport involving a horse and rider that together work cattle at high speed around a course which is marked out by ‘pegs’, which are usually trees. The sport requires consummate skill and horsemanship, and excellent judgment in selecting a bull that will run well, but is not too fast for the horse. The NSWBCA runs events every weekend, but their major event, ‘The Big Steal’, is a particular crowd pleaser. Phuong loves campdrafting. She is an experienced rider and competitor who regularly attends the NSWBCA events. ‘The Big Steal’ is the event she looks forward to every year. This year, a major storm the night before means the ground is very wet and muddy when she arrives early in the morning to inspect the cattle and prepare for her events. Dominick is an employee of NSWBCA in charge of managing the cattle. Phuong chooses a bull that Dominick says is even tempered. Phuong sits on her horse anxiously awaiting her turn. Before Phuong’s turn, two riders fall after their horses slip. The NSWBCA temporarily halts the event, carries out an inspection of the grounds and determines that it is safe for the competition to continue. When it is her turn, Phuong sets off on her horse, Tipsy. Everything goes well, until she comes to do the figure 8. During the figure 8 skill, she feels the ground is heavily waterlogged and that Tipsy fails to get a proper stride. The bull panics. The horse’s front legs abruptly slide, and they both fall. Dominick rushes to Phuong’s side when he sees her fall and pulls Tipsy off her

and then holds her until paramedics arrive. Afterwards, experts confirm that the ground was far too wet for the event to continue. Farhad has a 3 month Airbnb rental next door to the campdrafting complex. The cattle are housed all year at the complex and moo loudly throughout the night. When the weather is hot, there are constant flies and bad smells. Every Saturday, there is an event and competitors bring their horses the night before. The horses neigh and whinny throughout the night and during the event itself on Saturday. One Saturday, Farhad found large clumps of horse dung spread over his backyard and on his windows, which he believed were hurled over the fence by workers of the NSWBCA. One clump had even broken his glass French doors. He was furious and gathered all the dung and deposited it outside the main gate of the campdrafting complex. Farhad is a barber and he has been running a salon from his Airbnb. Before he moved in he asked NSWBCA about their events and what he could expect. They failed to tell him about the regular Saturday events, didn’t mention ‘the Big Steal’ and stated the noise and smells ‘were really nothing’. He did not register his business and accepts all his payments in cash. Indeed, it has been his practice to move locations frequently so as to evade tax responsibility. Although he brought a lot of customers with him, he hardly ever has bookings on a Saturday anymore, when he always used to be fully booked. The customers have gradually left because of the bad smells and noise from the campdrafting complex. Phuong is seriously injured by the fall. She may never walk again. Her treating health provider team advises that the severity of her injuries mean that the likelihood of her participating in campdrafting events in the future is very low. This causes Phuong to develop serious, clinically diagnosed depression. Kim, 7 years old, is Phuong’s partner’s daughter and Kim was sitting on her mother’s knee at the time of the accident. Kim couldn’t see Phuong clearly because of the high fence between her and the campdrafting yard, but she distinctly heard Phuong’s screams. Kim was very disturbed by the accident and started to behave quite unusually. Kim’s mother tells doctors that for hours at a time, Kim crawls around on her hands and knees, mooing. When she isn’t doing this, Kim collects objects, hides them in drawers, under her bed and in cupboards until they are full to overflowing. She refuses to allow anyone to throw out any of her objects or to clean her bedroom. Dominick feels very guilty and upset after the accident because he had assisted Phuong in choosing the bull. Phuong was nervous because of the condition of the ground, but he assured her that it would be fine. He becomes severely depressed because of the guilt and the trauma of pulling Tipsy off Phoung’s unconscious body. Part 1 (this part is worth 65% of the marks for the assignment). In relation to the above facts answer the following 2 questions. Do not consider occupiers’ liability. 1. Does NSWBCA owe a duty of care to: • Phuong? • Kim? • Dominick? • Farhad? Consider whether Part 3 of the Civil Liability Act 2002 (NSW) precludes recovery for any of the plaintiffs.

2. Is NSWBCA liable to Farhad in the tort of private nuisance? Part 2 (this part is worth 35% of the marks for the assignment). ‘Embedded in the duty of care are economic and moral concerns that are not articulated or challenged.’ Critically discuss the above statement utilising the fact scenario and at least one of the theoretical articles in the online activities on Moodle END OF PAPER...