LAW EXTENSION COMMITTEE
/SUMMER 2016-2017
03 TORTS
/ASSIGNMENT
INSTRUCTIONS
In Torts, there is only ONE ASSIGNMENT. This assignment is compulsory and must be submitted by all students. The assignment will constitute 20% of the final mark in this subject.
Assignments must be submitted by the due date unless an extension has been granted. Extensions need to be requested by email prior to the assignment due date and specific supporting evidence provided. Late assignments attract a penalty of one mark out of 20, or 5% of the total marks available, per day. A pass mark is 50%. Assignments that are received more than ten days after the published due date will not be accepted. Please note that students granted an extension must still submit their assignment within ten days of the original assignment due date.
Assignments are assessed according to the “Assignment Grading and Assessment Criteria” outlined in the Guide to the Presentation and Submission of Assignments. Prior to the examination, assignments will be returned to students and results posted on students’ individual Results screen of the LEC Webcampus. Students are responsible for checking their Results screen and ascertaining their eligibility to sit for the examination.
The rules regarding the presentation of assignments and instructions on how to submit an assignment are set out in the Guide to the Presentation and Submission of Assignments available on the LEC Webcampus. Please read this guide carefully before completing and submitting this assignment.
The maximum word length for this assignment is 1500 words (inclusive of all footnotes but not bibliography).
Completed assignments should be lodged through the LEC Webcampus and received by 11:59pm (Australian Eastern Standard Time) on Thursday 12 January 2017.
Please download the Assignment Coversheet. The coversheet will be the first page of your assignment. Save it with the name you intend to use for the assignment, and begin your answer on the second page. Make sure you complete the Assignment Coversheet by entering in your Student Number, Full Name and Address Details and the Date you lodged your assignment on the Webcampus. Next to “Signed”, type your name to acknowledge that the assignment is your own work.
COMPULSORY ASSIGNMENT
During the Sydney Gay and Lesbian Mardi Gras in March 2016, Jane listed her furnished one bedroom apartment on 204 Oxford Street, Sydney on Airbnb. The terms and conditions on the Airbnb website included the following:
“Booking” means a limited license granted by the Host to the Guest to enter and use the Listing for the limited duration of the confirmed booking, during which time the Host (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with the Guest’s agreement with the Host. Please note, as used on the Site, Applications, and Services, “short term rental” and “home sharing” have the same meaning as “Booking;” all three terms mean a limited license to enter and use the Accommodation for the duration of the confirmed booking as defined above.
“Guest” means a Member who requests from a Host a Booking of a Listing via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Host for the associated Listing.
“Host” means a Member who creates a Listing via the Site, Application and Services.
Airbnb makes available an online platform or marketplace with related technology for Guests and Hosts to meet online and arrange for Bookings of Accommodations directly with each other. Airbnb is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations and Airbnb does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Accommodations or transportation or travel services. Unless explicitly specified otherwise in the Airbnb platform, Airbnb’s responsibilities are limited to facilitating the availability of the Site, Application and Services.
If you are a Host, you understand and agree that Airbnb does not act as an insurer or as your contracting agent. If a Guest requests a Booking of your Accommodation and stays at your Accommodation, any agreement you enter into with such Guest is between you and the Guest and Airbnb is not a party to it.
Allen and Jahan who were visiting Sydney from New York City for the Mardi Gras festivities booked Jane’s apartment for 30 days, commencing on 2 March 2016.
On the night of the Mardi Gras, Quincy, aged 18, broke into the apartment and stole a DVD Blue Ray player. Allen and Jahan returned to the apartment just as Quincy was climbing through the kitchen window to exit. Upon confronting him, Quincy threatened to shoot them with what appeared to be a pistol. Believing that it was only a toy gun, Allen and Jahan attacked and overpowered Quincy. Once they had subdued him, they tied him up and took turns in beating Quincy over a period of one hour. He was forced to kneel and plead for mercy. He sustained several injuries from the beating.
At 3am Allen and Jahan called the police who came and released Quincy and took him to the hospital.
The medical report on Quincy’s injuries from the attack shows extensive bruising to his back and a compound fracture to his left femur. The medical evidence also indicates that the fracture will heal with time but he is likely to be left with a permanent disability in his left leg.
Quincy seeks advice as to whether he can sue Allen and Jahan for torts committed against him. Write a detailed memo explaining what torts, if any, have been committed against him. Assess any defences open to Allen and Jahan.
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