MP123 Assessment 2 Research Essay

Instructions:

• Answer ALL the following six (6) questions
• Ensure that each answer is at least 300 words in length
• Refer to relevant court cases and legislation
• Use APA style for all referencing and bibliographies
• You may complete this assignment in a group of 4 max OR individually

Research Questions

1. Explain the difference between real property and personal property. In your answer refer to at least five (5) real-life examples.
2. Describe the main courts in the Commonwealth and New South Wales court hierarchies and explain their relationship to the doctrine of precedent.
3. If you are injured because of the actions of another person, would your preference be to take action against the person who injured you in tort law or criminal law? Explain why.
4. Explain what is meant by a ‘fixture’ and why the definition is important. Describe the tests used to determine whether an item of property is, or is not, a fixture. In your answer, ensure that you refer to at least three (3) relevant cases.
5. In the tort of negligence, the ‘reasonable person’ plays an important part in determining foreseeability and whether there has been a breach of the standard of care. Explain what is meant by the term ‘reasonable person’?
6. In order to succeed in an action in negligence, certain elements must be established by a plaintiff. Explain those elements. In your answer, ensure that you refer to at least three (3) relevant cases.