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Published by Liliana Rogers

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Published by: Liliana Rogers on Apr 18, 2011
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4 LAW5603 -Advanced Torts A

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Assignment 1

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Description Marks out of Wtg(%) Due date
Assignment 1 20.00 20.00 03 MayZ011 Topic

Woombaville Shopping Centre is a large regional shopping centre in Queensland. In recent weeks a clothing store in the complex has been the subject of a number of incidents involving sexual assaults on women. A number of shoppers have made complaints to police that they were sexually assaulted by a man loitering around fitting rooms. Police have issued a statement warning women to be aware of the danger and to take precautions. On Wednesday, February 13 Frank is shopping for a Valentine's Day gift for his wife at Oxford Traders Department store which is in the shopping complex, He is browsing in the lingerie section when he feels a hand placed firmly on his shoulder and hears a voice say: "Gotch a, you're COming with roe". Frank turns around to face a tall, well-built man. Frank asks him:

"Who are you and what do you think you're doing"? The man replies: "Mate, I'm Wally Thumper, head of security here at Oxford Traders and, as I said, you are coming with me". Frank protests and says he is not going with Thumper but Thumper grabs him by the ann and leads him into an office where he tells Frank to sit down. Fred again asks Thumper what is going on. Thumper ignores him and pulls out a mobile phone whereupon he phones the police and bas a brief conversation with them. After he finishes the call Frank stands up and tells Thumper that he is going. Thumper tells Frank to "sit down and shut up" and that if he attempts to leave he would be blocked by other security guards at every exit to the Shopping Centre. Frank then sits down and waits for the police to arrive to sort the matter out. About 15 minutes later, two constables arrive and after speaking with Thumper they ask Frank to accompany them to the police station for questioning. After he is questioned for about half an hour, the police officers tell Frank a mistake has been made and that he is free to go home. On the same day, "Behind the Nightly News", an evening current affairs programme sends a film crew to the Shopping City to get footage as background for a story they are running on the reported sexual assaults. The crew just happen to be in Oxford Traders when they notice the commotion involving Frank. and Thumper in the lingerie section. They seize the opportunity to film the incident and continue to film until police and Frank leave the store. That night on their programme, they show a story which bas footage of Thumper with his hand on Frank's shoulder and Thumper leading Frank into the office. lt also shows Frank. leaving the office with the police officers. The transcript of the "voiceover' broadcast with this footage contains the following comments about the incident:

"Well, it looks like Woombaville Shopping City will be a safer place nowas security swooped upon a man suspected of being the serial offender in a number of brazen sexual assaults on female shoppers. The suspect, a middle-aged man of medium build who fits the description given by victims, was taken away for questioning. Let's hope the nightmare ends here".

What actions might Frank have? Remember to consider all areas of tort.

(20 marks)

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Assignment criteria

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Criterla (20--15) (15-10) (10-5) (0-5)
Writing':
grammar, Consistently Other than one Several minor Many parts of
spelling, correct. or two minor errors, mostly the assignment
sentence and errors, mostly correct difficult to read
paragraph correct. and understand
construction
headings and Excellent Good Good Headings Poor
logical and or logical
progression progression
could be
improved.
Citation and Consistently One or two Many minor No or poor
referencing correct. minor errors, errors. attempt and or
compliant with mostly correct. many significant
AGLC errors.
Case analysis Comprehensi ve Accurate. Law Law and Poor analysis
and and accurate. and application application to and
understanding Law and to facts well facts generally understanding
application to understood and understood but and or
facts, well explained but some minor explanation.
understood and some points errors and or Many errors and
explained. missed. points missed. or points missed.
Reasonable
explanation.
Identification of All relevant legal Most relevant Some relevant Little or no
issues and issues and or legal issues and legal issues and awareness of
statement of material facts or material facts material facts relevant legal .
relevant law identified. Most identified, Most identified. Some issues and
elements of case elements of case elements of material facts.
law and/or law and relevant relevant sections
relevant legislation of case law and
legislation considered. legislation
considered. considered. A
basic
understanding of
the law is
evident.
Grade and mark
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Module 3 - Defamation defences

List of readings

Please be aware that the referencing style used in the following citations may differ from that specified for your assessment. For further information, please refer to the referencing guides on the USQ Library website or to guides as specified by your examiner.

Module 1 - Introduction to Torts law

Reading 1.1 [135ZMDI

McGlone, F & Stickley, A 2009, Australian torts law, 2nd edn, Lexisblexis Butterworths, Sydney, NSW, pp. 466-494,

Module 2 - Defamation, Cause of Action

Reading 2.1 [No copyright code] Defamation Act 2005 2006, (Qld).

Reading 2.2 [135ZMCI

Cottrell, J 1998, 'What does defamatory mean: reflections on Berkoff V Burchill', The Tort Law Review, vol. 6, pp_ 149-163.

Reading 3.1 [135ZMDj

Butler, D & Rodrick, S 2007, Australia media law, 3rd edn., Lawbook Company, Pyrmont, NSW, pp_ 27-106.

Module 4 - Defamation Remedies

Reading 4.1

Mcflugh, M 2005, Dancing in the streets - the defamation tango, High Court of Australia, Dublin, Ireland, <http://www.hcourt.gov_aulspeeches/mchughj/mchughj_2july05_ pdf>.

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Please access this reading via the DiReCt link on your USQSmdyDesk.

Reading 4.2 [135ZMGJ

Handsley, E & Davis, G 2001, 'Hanson v Australian Broadcasting Corporation', Torts Law Journal, vol. 9, no. 1, pp, 1~13.

Module 5 -Intentional Torts

Reading 5.1 f135ZMCj

Tan, KF 1981, 'A misconceived issue in the tort of false imprisonment', The Modern Law Review, vol. 44, no. 2, pp. 166-177.

Module 6 - Trespass to Land

Reading 6.1 f135ZMCj

Heffey, PG & Glasbeek, ill 1966, 'Trespass: High Court versus Court of Appeal', Melbourne University Law Review, vol. 5, no. 2, pp. 158-178.

Reading 6.2 [135ZMCj

Bailey, RJ 1976, 'Trespass negligence and Venning 'if Chin', The Adelaide Law Review, vol. 5, no. 4, pp. 402-427.

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