Assessment item 2 - Problem question
Due Date: 06-Apr-2020
Return Date: 30-Apr-2020
Length: 1000 words
Submission method options: Alternative submission method
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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.
**ln this subject, assignments are marked on-line, using an adapted MS Word 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.**
##lf 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 1000 word limit is firm - assignments with greater than 1000 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 1000 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. Amongthe 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 Glamourloses $ 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.
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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,