Assignment 1 – Case Studies
Word Length 1500- 2000 words
Question 1. (10marks)
Using your knowledge of statutory interpretation consider whether any of the
following ‘sells or hires or offers for sale or hire or gives to any other person – any
knife which has a blade which opens automatically by hand pressure applied to a
button, spring or other device in or attached to the handle of the knife’ and therefore
commits an offence under s1(1) of the Restriction of Offensive Weapons Act 1959:
(i) Jane, a youth worker, confiscates a flick knife from a member of her
youth club and gives it to her supervisor.
(ii) Tony, an antique dealer, displays an old military knife with a spring
opening device in his shop window with a price ticket attached to it.
(iii) Fola buys an unopened box of kitchen utensils from a car boot sale. Without
examining the contents closely she donates the box to a charity shop.
The box is found to contain a flick knife.
Question 2 (10 marks)
Critically analyse the following case and say whether or not you think that the plaintiff
will succeed under the tort of negligence:
John was the batsman in a cricket match. He hit the ball so hard that it went over
the brick wall that surrounded the cricket ground over the road outside and hit Mr
Smith, who had just opened the front door of his house. Mr Smith sued the cricket
club for negligence. Mr Smith had a nasty injury on his head caused by the ball. It
was stated in court that the ball had been hit over the wall only three times in the
last ten years.
Question 2)
Word Length 1500- 2000 words
Instructions:
Obtain a copy of a written contract that is available in Australia from the net or another source. For example you could download one of the many online contracts you are asked to agree to before accessing a site or entering an online contract.
Please provide the following information;
(i) Select a term in the contract that is written in complicated legal language. Highlight at least three words or phrases that you don’t understand , research their meaning and provide a definition for each one. Please include an example if you think that will help. (5 marks)
(ii) Proved a plain English ‘translation’ of the term you chose in (i) above or another term. The words you use should be clear to most English speaking adults. Feel free to make significant changes to the structure or wording and to use everyday language. (5 marks)
(iii) Print out and highlight six terms. Explain why you consider the highlighted as a term. You then must classify each term as either a condition or warranty using case law found in Chapter 19 of your textbook. You must include a brief explanation about why you think each one can be classified in this way. (10 marks)