Reference no: EM131160740 , Length: word count:1500

ASSESSMENT: This document consists of five (5) pages including this page. The Assignment questions are on pages 4 and 5.

PLEASE READ THE FOLLOWING INSTRUCTIONS AND INFORMATION PROVIDED CAREFULLY BEFORE ATTEMPTING THE ASSIGNMENT QUESTIONS

1. INDIVIDUAL ASSIGNMENT

The assignment is to be completed by an individual student. There are 2 (two) questions for this assignment. Students should answer both questions. This assessment task has a maximum of 1500 words.

All students are required to learn how to use Turnitin well in advance of the due date for the assignment. Difficulty using Turnitin at the last minute will not be accepted as an excuse for missing the deadline (except in the event of a verifiable problem with our systems at the relevant time). You will be able to resubmit your papers to Turnitin as many times as you wish before final delivery, but bear in mind that it can take up to 24 hours for a fresh Turnitin report to be generated - so plan ahead to allow yourself time to work on your paper again after the first Turnitin report and still have time to resubmit for another report (or to do this as many times as you wish).

- Submit a final version. Do not submit a draft. There will be no resubmissions.
- Do not submit the assignment by e-mail, under any circumstances.
- Students MUST KEEP A HARD COPY of the assignment as submitted.

Presentation & style:
 organises a clear and coherent assignment;
 writes clearly, accurately and is grammatically correct;
- punctuates appropriately;
 references sources according to the Australian Guide to Legal Citation (see Referencing below) or in accordance with the referencing style adopted by the school that provides their course

Content and knowledge:
 identifies and explains the relevant area of common law and statutory legal systems;
 integrates relevant cases and legislation to support their answer to the legal problem;
 applies the legal principles and legislation to the facts of the legal problem; and
- provides a conclusion to the legal problems (questions raised), including any defences, remedies or penalties.

THE ASSIGNMENT QUESTIONS

Question 1
Bill is planning to build a wall around his front garden and decides to start work excavating for the wall on a Monday morning, although the sky is quite dark and rain is forecast. He has completed part of the work when heavy storm begins at about 3.00 pm and Bill is forced to stop work for the day. He goes inside without bothering to cover the excavation. At 3.30pm, children from the neighbouring school are running down the street to the bus stop when a pile of dirt and stones from Bill's excavation suddenly collapses into the street.

Thomas, one of the children from the neighbouring school is hit by some stones and suffers minor cuts and scratches on his leg. Michelle, Thomas's mother sees his bleeding leg when he gets home and suffers a complete nervous breakdown. Ali, who was riding his scooter down the street when the dirt collapsed, fell off and hit some of the did on the pavement breaking his arm. Wang, who was on the opposite side of the street helped Ali after the accident and cleaned him up whilst they were waiting for the ambulance to arrive. Wang incurred a few scratches from the bricks and stones that were washed on to the pavement on his fingers. Wang later contacted a rare form of blood poisoning which is attributed to bacteria in the soil entering through the broken skin around the scratches.

Advise Thomas, Michelle, Ali and Wang of any rights they may have in this situation and if Bill will be liable under the Tort of Negligence ONLY, giving full legal authority for your answers.

Question 2

Sam and Maria are good friends. Sam has inherited $30,000 from his parents on his 251h birthday. He asks Maria if he should invest this money in Magnum Ltd., a company dealing with stationery, photo copiers, printers and computers. Maria has recently graduated with a degree in accountancy and is employed as a trainee auditor with Peters & Co, a very reputable audit firm in Newtown. As a trainee auditor, Maria is required to check with her boss and principal at Peters & Co, Mr Rogers before she gives any clients an audit report. Maria tells Sam that she has looked at the accounts of Magnum Ltd and advises Sam that it will be a good investment. However, Maria did not check with Mr Rogers if her opinion was correct before she gave her advice about the accounts of Magnum Ltd to Sam. Maria has in fact misread the accounts of Magnum Ltd, which has incurred substantial loss in income over a period of 6 month and is on the verge of becoming insolvent. Sam invests his money in the company and loses it.

Advise Sam, Maria and Peters & Co of any legal rights and liabilities they may have in these circumstances, giving full legal reasons for your answers.

WHEN ANSWERING LEGAL PROBLEMS

1. Identify the area of law.

2. Identify and list the legal issues at the start of your answer as this gives direction to your discussion.

3. Write a sensible and accurate statement of law explaining the legal solutions to each of the legal issues. Give full legal support and authority for each statement of law. Do not copy out statute sections. For cases, just mention the judgement-you do not need to describe the fact of the case.

4. Note any additional information you may find useful to help solve the problem, explaining why that information would be relevant. Do not just list a collection of factual questions without relating them to any legal principle.

5. Apply the statements of law to the facts of your problem, exploring all relevant arguments. Consider how the facts that you have referred to, when identifying the issues, are affected by the relevant law.

6. Come to a conclusion to the legal issue(s) raised by the question.

7. Consider any relevant defences or remedies/penalties

8. Concentrate on exploring and discussing the law, not on repeating facts and reaching conclusions.

Please read the instructions very carefully and the queations must be solved seperately.

Both questions should be 1500 words together.

Each question 3 reference