Tort Law Assignment | Top Essay Writing

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Safety and Environmental Health Law 265

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Semester 1, 2020

 

Assignment 2

 

75% (Part A 35% & Part B 40%)

 

Due: June 1st, 2020 @1pm WSTby upload into Grade Centre

 

Part A

 

Rick is employed at a local farm direct produce outlet. The outlet is owned by Cliff and his partner Romanand is registered as a business under the name of Spahn’sFarm Direct Pty Ltd. Cliff works at the business organising the produce and generally managing the staff and equipment while Roman looks after the finances. Although generally a good employee, Rick sometimes forgets to follow instructions and takes short cuts in the performance of his duties although Cliff and Roman have not mentioned this to him.

 

In January 2020,Rick slips on a loose tilewhile in the outletstorage room and falls breaking his right leg in multiple places as well as injuring his back and right ankle.At the time of the incident Rick was barefoot and had beenusing the storage room to change into his normal clothes prior to leaving work for the day because there was nowhere else to change as the outlet toilet was being renovated. The tile had been interfered with by George, Cliff’s nephewwho also works at the outlet. He did this ashe does not like Rick and thinks he should have had Rick’shigher paid position at the outlet because he is family. Cliffwas present whilst this incident occurred.  He tookRick to a nearby hospital for treatment. The hospital certified that Rickwas unfit for work for at least a month and admitted him as a patient. Rickwas released from hospital about 2 weeks after the incident. Although he later returns to work, he continues to experience some discomfort and pain due to his injuries. He also is required to take multiple doses of medication each day along with physiotherapy each week.In addition, Rick sees a counsellor as he needs help in coping strategies and for general anxiety concerns.

 

Business is not going too well for Cliff and Roman several months later, however, so they ask Rick to put up a stall at a local outdoor market which is situated nearbyin order to sell organic fruit and vegetables from the Spahn farm.  This venture is successful and, although very busy, Rick is happy enoughbut feels that the outdoor location and close proximity to noise and crowds are not helpful in his recovery from injury and anxiety.

 

Meanwhile, Rick sees his local doctor who refers him to a specialist for a review.  The specialist confirms that he has ongoing problems. In fact, the specialist is of the opinion that the leg, back and ankleinjuries have resulted in an impairment of about 20% which is likely to be permanent. Rick became distressed upon hearing the news and is often found to be teary and emotional while at work and thinks that he is near a full emotional breakdown. He feels that he should be compensated by Cliff and Roman for all of these issues.

 

Question:Usingthe4stepprocessanswerthefollowing(besuretoincludeappropriatecaselawinyourdiscussionandanalysis):

  1. Discuss whether Rick will be successful in an action in common law negligence against Cliff and Roman for the injuries he has suffered as a result of workplace injury. Be sure to discuss the non-delegable duty of care in your answer.

                                                            Please see over

  1. Do Cliff and Roman have any common law defence if Rick is successful? (even if you did not find this in 1).                                                                                                                                                 35 Marks

                                                                       

Note there is no need to discuss Occupational Health and Safety legislation or Breach of Statutory Duty in this question. The word count for this Part should not exceed 3000 (not including references).

                                                                                 

Part B

 

(Answer both questions)

 

Question 1

 

Under the Occupational Safety and Health Act 1984 (WA) duties are placed on both employers and employees to eliminate risk to health and safety within the workplace. Employers risk prosecution if they do not maintain a ‘general duty’ of workplace safety while employees are also required to take care in an individual capacity although prosecutions against employees are much less common.

 

Using applicable legislation and case law, describe the scope and nature of these duties on both employers and employees.

20 Marks

Question 2

 

Occupational Security Law is a collection of laws and regulations that manage risk to national security generated by legitimate business undertakings. Although there have been limited fatalities caused by terrorist acts within Australia, more than 100 Australians have been killed as a result of acts of terrorism overseas since 2001. As a result there has been an increased focus on the threat of terrorism by Australian authorities in recent times. There have also been several prosecutions in Australian courts against individuals who have been convicted for preparing acts of terrorism within Australia.

 

Discuss the evolution of security laws in the Australian context with reference to these prosecutions. Be sure to include case law in your findings. 

 

20 Marks

 

The word count for this Part should exceed 2000 (not including references).

 

Marking Rubrics

 

Part A:

 

Discussion of law 15/35 Application of Law 11.5/35

Structure (4 step format) and clarity of expression 2/35

Please see over

 

Referencing and Presentation 3/35

Ongoing Participation 3.5/35

 

 

Part B:

 

Discussion of law including use of case authorities 30/40

 

Structure and clarity of expression 5/40

 

Referencing and Presentation 5/40

 

Note: The last page of your assignment should have a list of references/bibliography.

 

Important: Although your rubric will be available when marking has been completed and therefore your final semester mark can be determined before the official release of marks by the university, please note that final marks are subject to the Board of Examiners review.

 

END OF ASSIGNMENT INFORMATION

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