You must write an answer to the problem-type question below,
using the ILAC (Issues, Law, Application, Conclusion) format, a
worked example of which is in the Resources folder.
**In this subject, assignments are marked on-line, using an adapted programme. You therefore MUST submit your assignment in Word
format, NOT as a PDF document. If you submit in PDF it will not be able to be marked.**
##If you think you may need and extension for this assignment, please read the rules relating to extensions in the Subject Outline
before applying for an extension. ##
The 1 000 word limit is firm – assignments with greater than 1 000 words will lose 1 mark for excessive length. I would however expect that students should be able to answer the question in far less than 1 000 words. Your bibliography is not included in the word limit but in-text references are.
Bob Butlin operates a holiday camping ground in New South Wales.
Among the various activities on offer are hikes in the surrounding
woods which are owned by Bob. Bob has a weekly schedule of
inspecting and maintaining the hiking trails, some of which pass
below cliffs on which there are sizeable boulders which need to be
moved from the trail if they fall and block it. Unfortunately, he finds
that aspect of his job boring, and has not done an inspection for the past month. All hikes are led by Bob and start from a designated
point where there is a sign saying ‘THERE IS ROUGH GROUND IN
THE FOREST – ALL HIKERS MUST WEAR HIKING BOOTS’.
One day a group of holiday-makers assemble for a hike. As they
walk through the woods, they come to a fork in the trail. One fork
has a barrier across it. The other an arrow indicating that it is the
correct way to go. When they approach the fork, one of the hikers,
Greg, climbs over the barrier. Bob rushes up to him and says ‘Stop!
That trail is closed! The ground is unstable!’, but Greg turns to him
and says ‘So what! I was in the army – I am willing and able to
handle any unstable ground. Don’t worry about me – I am happy to
go there’. Before Bob can do anything, Greg plunges along the
closed trail, but a few metres further on, falls into a sink hole and
breaks his leg.
As the group is more than half way along the loop through the
forest, the quickest way back is to carry on. It is a hot day, and as
they are walking along Mary, who is at the rear of the column, takes
off her hiking boots and puts on sandals instead. The group comes
to a part of the track where a large boulder has fallen. Although the
other hikers succeed in climbing over it, Mary slips because her
sandals do not have proper treads, and breaks her back.
Mary was being accompanied on the hike by her mother, Frances,
who was confronted by the sight of her daughter’s broken back. As
a result Frances suffers post-traumatic shock and undergoes
hospital treatment, and has to shut her architectural firm – her sole
source of income – for six weeks.
Mary herself spends four months in hospital. She is the most
famous fashion model in the country, and had had an engagement
to appear on the cover of Australian Glamour the week after the
accident. When advertisers hear that Mary will not be on the cover,
they withdraw their adverts, as a result of which Australian Glamour
loses $ 500 000 in revenue.
Advise Bob on his legal position in light of the above facts. It is important that in using the ILAC system you make it clear what the legal basis is on which liability does, or does not, exist.
In answering this question, you should restrict your research to the law covered in Topics 3-4 only.
As with all problem-type questions, you should assume that all facts alleged are true and are provable in court.
** Please check that you have complied with all the points in the Style Guide (which appears after the marking rubric) before handing
in your assignment.**
Online submission via Turnitin is required for this assignment.
Details will be provided by your subject lecturer.
SUBJECT LEARNING OUTCOMES
This assessment task will assess the following learning outcome/s:
• be able to anlayse the rules of statutory interpretation and the
law relating to torts, contracts, property, agency, partnerships
and corporations.
• be able to distinguish between rules of law and exercise
judgement in applying the law to complex legal problems.
and more specifically
• your knowledge of the law relating to the law of contract
• your ability to undertake an assessment task relevant to the
workplace and professional practice.