LAW: CASE STUDY

TASK DESCRIPTION

Write a case study that demonstrates an understanding of Tort Law, specifically negligence, while outlining the practical application of negligence to one media article only.

You must choose the article from the folder below that relates to your discipline.

Construction:

https://thewest.com.au/news/wa/amanda-nikolich-fails-attempt-to-sue-margaret-river-holiday-apartment-owners-over-bathroom-floor-slip-ng-b881181199z

Social Science and Policing: 

https://www.abc.net.au/news/2016-07-11/family-of-nsw-policewoman-who-took-her-own-life-suing-state/7576870

Business:

https://www.smh.com.au/national/nsw/third-surgery-required-for-cancer-patient-who-had-wrong-body-part-removed-at-sydney-hospital-20190624-p520si.html

Your case study must address ALL of the following questions:

1.    Briefly describe the main aim/purpose of Civil Law.

2.    Provide a definition of both Tort Law and Negligence.

3.    Describe the three elements for establishing liability for the Tort of Negligence, with reference to at least one case authority.

(In answering this question, you should limit yourself to material provided in your slides/workbook).

Using the article from your relevant discipline folder answer the following questions:

4.  Identify the name of the article and list all of the possible DEFENDANTS

AND PLATINTIFFS to an action for negligence in that article.

5. IF there is only one defendant:

Using the specific facts from the article, describe whether the three elements for negligence would likely be established against this defendant OR

         IF there is more than one defendant:

·       Decide which defendant is most likely to be liable and

·       Using the specific facts of the article, describe whether the three elements for negligence would likely be established against this defendant.

6.Consider your answer to question 5 above.

Using INDEPENDENT RESEARCH describe what the potential impact would be on the community (or the relevant industry) if the defendant were held liable for their actions in the circumstances described.

The answer to this last question should be at least 150-200 words of your total assignment.

CASE STUDY LAYOUT

Title Page

●      Your institution’s name (WSU – The College)

●      Title of Case study (CASE STUDY)

●      Your Name + Student ID

●      Course Name

●      Date of submission

●      Word Count

Introduction

●      Paraphrase the task to clearly state the aim of the case study

Main Body

●      Address ALL the questions set out under ‘TASK QUESTIONS’ above.

●      Headings and subheadings are to be used.

Conclusion

●      Clearly restate the aim of the case study

●      Clearly make a concluding statement/final comment on the topic of negligence without introducing any new ideas.

Bibliography

●      List all the sources of information you have referred to in the case study using the Harvard Style Referencing System.

NOTE: A guide to Harvard Referencing can be found here: https://library.westernsydney.edu.au/main/sites/default/files/cite_Harvard.pdf

SUBMISSION INSTRUCTIONS