INSTRUCTIONS SHEET
- Type all answers in a Word Document and upload to the Take Home Paper submission link on Moodle. Include your name on the document.
- This take home paper is comprised of three questions. Students must answer ALL questions.
- I have not set a word limit. As a general guide I would anticipate the total word count for this take home paper should be around 2000-2500 words. Don’t stress about the word count – focus on answering each specific question. More words does not necessarily equal more marks.
- You should identify each of your answers by heading it with the question number – eg. Question 1.
- This take home paper is worth 50 marks in this unit.
- The paper is now due at 12noon on Wednesday 17 June 2020. This is a result of IT issues experienced by students completing another take home paper.
- No late submissions will be accepted. In the absence of an approved extension, there will be no opportunity to complete the task after this date. No late penalties will be applied and you will receive a mark of zero for this assessment task.
- All work must be your own. You should not discuss the exam with anyone else.
Question 1 25 Marks
Jocelyn owns and occupies a small single dwelling house in the Queensland town of Fifteen Fifty. Her house is in a row of four single dwelling houses, each sharing a common wall with the next. Each house is independently and titled. Her neighbours on one side are David and Patrick. One kilometre away is Schett’s Creek Refinery, an oil processing plant. The Refinery is located within a zoned industrial area, and Jocelyn’s house is in a zoned residential area.
David and Patrick are generally loud. Not only do they regularly fight with one another, but because the walls are so thin, Jocelyn can hear them arguing even with slightly raised voices. In fact, Jocelyn can hear everything in that house, including their TV and the yapping of their recently adopted Chihuahua dog.
Relations between the neighbours are not helped by the fact that just before Christmas last year, Patrick and David landscaped their front yard to include a large abstract art sculpture. When preparing the ground for the sculpture, the excavations were too close to the fence shared with Jocelyn, causing some subsidence to Jocelyn’s land. The sculpture is an eyesore and for some reason the material composition of the structure interferes with her television reception.
Production from the nearby refinery has also increased. Since the underground pipeline that carried the oil from the refinery to the depot was severely damaged by natural events in January, the Refinery has had to use heavy trucks to transport the refined product to the depot, using the road past Jocelyn’s house. Sometimes the trucks have to work through the night to deliver orders on time. A couple of the residents in Jocelyn’s street have discussed how loud these convoys of trucks can be during both day and night. Since Jocelyn also has hearing implants, the noise of the refinery in the evening is piercing for her, although no one else describes it that way.
Jocelyn has come to your firm for advice. With reference to relevant law provide advice on any actions arising in private nuisance from the above facts. Confine your answer to the common law action and do not discuss any statutory actions (nuisance or otherwise) that may be available.
Question 2 15 Marks
Ricky Ricardo is a bartender at Tropicana Club, a rooftop bar in Brisbane. One night, whilst working at one of Tropicana’s bars, he is alerted to a customer who has been abusing staff and involved in an altercation with other patrons. Ricky ejects the customer, but in doing so, he breaks the customer’s wrist. Assume the tort of battery is successfully made out and that Ricky is an employee. Discuss whether vicarious liability can be imposed on Tropicana Club. Would your answer differ if Ricky had been expressly prohibited from manhandling troublesome customers?
Question 3 10 Marks
Explain, with reference to relevant law, the concept of ‘imminent’ interference (as in ‘apprehending imminent unwanted contact’) in the tort of assault.
End of paper
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