LAW 114 Residential SchooL
problem solving workshops
Synopsis of activity:
Students are given a fictitious legal problem and are required in teams to work through their allocated problem utilizing theIRAC method of problem solving (issues, rules, application of rules, conclusion). Upon completion, they need to advocate the IRAC elements to the rest of the class and “teach” us the answers – responding to questions raised along the way.
Students will have 1.5 hours to prepare and 30 minutes to present. Three teams, three problems. Team leader’s role is to facilitate, redirect the team towards the right areas, raise issues, adjudicate group.
They may require assistance devising a strategy for the division of the task.
Legally, we want students to identify:
a)Causes of action (Issues section)
b)Elements of the torts for each cause (Rules section)
c)Potential defences for each (Rules section)
d)Consider whether the CLA will apply under 3B and also re damages (Rules section)
e)How the facts of their case do or do not meet the elements of the torts (Application section)
f)Statutory interpretation of the relevant sections (Rules section)
g)Come to a succinct and clear explanation of the torts involved, what evidentiary problems they have, prospects of success/failure and why.
h)Present that conclusion and handle questions from the floor
Learning Outcomes
This activity is designed to work towards achieving the following learning outcomes:
- be able to demonstrate a broad understanding of the role of tort law and the principles governing tortious remedies
- be able to demonstrate an understanding of the elements of tortious liability, including the rules pertaining to the recovery of damages
- be able to explain the purpose of the Civil Liability Act 2002 (NSW) and its relationship to the common law
- be able to apply the sources of tort law within common law and statute based scenarios
- be able to explain how tort law, including the relevant defences, has been developed and modified through statutory processes in Australia
- be able to plan and apply effective strategies in legal research of tort law based scenarios
- be able to present clear coherent arguments based on leading tort law precedents
Problem 1 – Andrew Johnston- A Nasty Pub Brawl
Cyril Soak is an unemployed labourer, who has a problem with long term alcohol addiction. The Stalwart Hotel is located on the corner of the Pacific Highway and Dreyton Road in Taree, New South Wales.
Cyril’s daily pattern of life is to go to the Stalwart Hotel upon opening (2.00pm) and to drink steadily until closing (12.00am). During that time he will often play the poker machines, eat a meal and socialize with other regulars.
Staff at the Stalwart know Cyril well. He always pays for his drinks, and is a “happy drunk”. His behavior has never been abusive or offensive to staff or other patrons in the past and they are happy to serve him.
One evening at 7.00pm, a newcomer to town, Albert Camus, attends the Stalwart Hotel with friends from a building site. He and Cyril start a conversation where Cyril begins to believe that Albert “stole” his laboring job. The fact is that Albert is working with the dame company that used to employ Cyril, but Cyril has not worked for 10 years.
Cyril becomes very agitated, partly due to the amount of alcohol he has drunk and partly because of the effects of Wernicke-Korsakoff syndrome (a form ofalcoholic dementia) that have been gradually setting in. After a verbal exchange with Albert, Cyril stands on top of a bar table, yells “you stole my job you bastard”, and dives off the table to tackle Albert with a broken glass in his hand. He collides with Albert. Albert is severely injured - he loses an eye from the broken glass and has ruptured a disc in the lumbar spine when he fell. He can no longer work as a labourer. He has had several episodes of surgery to attend to the eye and cosmetic issues after being cut with glass. He has ingoing psychological issues arising from the event and injury.
Assume you act for Albert Camus. Advise him on potential tortious actions.
Team:
Amber Jennings
Christina Johnson
Ashley Kraynik
Dominique Markwort
Loren McMurtrie
Alannah Seymour
Myles Clooney
Problem 2- Kristi McCusker – A shocking Accident
Gupta Sanjid owns a large block of land that is a disused old mining site in regional NSW. The land has a number of hills and tracks upon it, and the local children in the town have been frequently seen riding their bikes over the tracks and performing jumps off the hilly track. It has become an unofficial local BMX track. Gupta is aware of this, but does nothing to secure the site or prevent children entering. He is of the view that their parents should supervise the children.
On the site are a number of old mine shafts that are obscured by scrub. The timbers securing the shafts are very old, and in poor condition. Not all of the shafts are fenced, and those that are have poor fencing.
On 27 February 2016, a group of teenage boys decide to head to the tracks on Gupta’s property to film their jumps and upload these onto You Tube and Instagram. They do so all morning. Tim Alcott, a 16 year old in the group, decides to attempt a new and fast jump. He loses control of his bike and skids off the track into the scrub. The speed at which he is travelling causes him to go through a flimsy fence and Tim is thrown down a mine shaft. There is a scream, and then an audible crack. He is killed when he lands 15metres down the bottom of a disused mine shaft. The entire accident is filmed by Tim’s friends. At first, they do not realise he has been killed. One of his friends, Andrew, uploads the film recording on You Tube calling it “Tim’s New Jump”, and posts a link to the accident on Instagram. At the time of doing this, he fails to realise that Tim is dead.
Ambulance and rescue crews arrive on the scene 20 minutes later. After 2 hours, they eventually retrieve Tim’s body, but he has died from catastrophic injury.
Shaun, his closet friend, is at the track and goes into shock. Shaun was watching Tim jump and remained on the scene throughout the entire rescue procedure. For several months after the accident he cannot sleep, loses weight and has suicidal thoughts. He blames himself for the death and is suffering recognizable psychiatric injury.
30 minutes after the accident, Tim’s mother, Susan and her next door neighbor, Ethel are checking Instagram. Susan has followed Tim and his friends (including Andrew) on Instagram to ensure they are not posting inappropriate content. She sees the post” Tim’s new jump” and follows the link to YouTube. She watches the horrendous accident, and realizes that Tim must be either injured or dead. The police then attend her home and tell her what has happened. She goes into shock. Ethel, having watched Tim grow up from babyhood, also goes into shock. Both Ethel and Susan develop psychiatric disorders as a consequence of Tim’s death and seeing this on You Tube. Ethel is retired, but Susan was the main income earner in the family. She cannot sleep, cannot eat and is unable to return to work as a nurse.
Advise Gupta Sanjid on potential tortious liability arising from the accident.
Team:
Stewart Edwards
Gafa Taitotoa
Erin Hennesey
Louise Guilfoyle
Erin Sutcliffe
Oscar Ramsden
Victoria Jordan
Ilinka Todorovski
Problem 3- Kim Bailey Prime beef well done
Armand owns some excellent grazing land in the Hunter Valley of New South Wales. For many years he has bred prime Angus cattle – for the top end restaurant meet market. Armand also breeds his own cattle, preserving the bloodlines. Armand’s property, Pildarra, is located on the Paterson River. 7 kms up river from Armand’s property, The Roads and Traffic Authority has undertaken a replacement of the timbers of an old wooden bridge across the main road. The RTA place the old timbers on the side of the river bank, with the intention of later collecting these with a truck.
Significant rainfall occurs in the intervening period. The bank is too muddy to access, and so the RTA determines to leave the timbers until the area dries out. The river rises, and in doing so, collects the timbers and other debris in the strong current. The current washes thisdownstream to Armand’s property. The area floods, and is under water for 1 week. After the flood waters have receded, and the area is drying out, Armand gets a backhoe and scrapes all the flood debris, including the timbers, into a pile. Two weeks later he sets fire to the pile (including the timbers) and reduces it to ash.
Unbeknown to Armand, the old bridge timbers are treated with arsenic – a common pest treatment of the past. By burning the timbers, the ash becomes highly toxic if consumed. Cattle love eating ash. 20 head of Armand’s prize cattle, eat the burnt ash and die from arsenic poisoning. The dead cattle are worth $40,000.
Advise Armand on suing the RTA.
TEAM:
Brendon Pillay
Robert Andrews
Claire Button
Matthew Chenahll
Kayla Cohen
Susan Dibley
Phoebe Watts
Rowena Reichstein
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