{"id":432196,"date":"2018-03-29T18:08:45","date_gmt":"2018-03-29T18:08:45","guid":{"rendered":"https:\/\/essaypaper.org\/client-interview-and-advice-tort-law-assignment\/"},"modified":"2018-10-24T09:12:17","modified_gmt":"2018-10-24T09:12:17","slug":"client-interview-and-advice-tort-law-assignment","status":"publish","type":"post","link":"https:\/\/www.benedictsol.com\/blogs\/client-interview-and-advice-tort-law-assignment\/","title":{"rendered":"Client Interview and Advice Tort Law Assignment"},"content":{"rendered":"
\n

Preliminary Information<\/strong><\/p>\n

You are a junior solicitor in the employ of Moody & Sons, Solicitors. A paralegal in the firm has recently taken the below statement from a new client, Mr Jay Rowland. A partner of the firm, Mr Sullivan Moody, has asked you to review the statement and prepare a written advice for the client\u2019s file to assist him with the next appointment scheduled with Mr Rowland.<\/p>\n

\u00a0<\/p>\n

STATEMENT OF JAY ROWLAND<\/u><\/strong><\/p>\n

Since January 2014, I have run my own bar in Fortitude Valley, Brisbane. The bar is located in an old converted Queenslander. I hate \u2018chuggers\u2019 \u2013 that is charity muggers, or people who enter my bar and ask my customers for donations to charity. Therefore, I have a big sign on the door of my bar which prohibits the entry of persons raising money for charity. Poppy Clarke owns and lives in the house next door to my bar. Poppy spends her free time raising money for the Ronald McDonald House charity.<\/p>\n

Two months ago, Poppy entered my bar. I saw her wandering about talking to various customers before she sat down at one of the tables \u2013 refusing to order anything. Two hours later, Poppy had still not ordered anything, so I asked her to leave immediately. Poppy remained seated, so I told her what would happen if she did not leave. Poppy then began to scream and run towards the bar exit. In her haste to leave, Poppy was not looking where she was running. I thought that she was going to knock over one of my regular customers, Bob, so I pushed Poppy out of the way. Poppy stumbled, but continued running out of my bar.<\/p>\n

During the time that Poppy had occupied one of my tables, I had to turn away a number of customers who wanted to eat and drink at my bar. Bob was not threatened, touched or harmed at all.<\/p>\n

Poppy is complaining about her treatment at my bar and about my rubbish bins. Although the bins are not on her land at all, Poppy claims that every Thursday her driveway is blocked, when I leave my wheelie bins out for collection, and she can\u2019t get her car in or out. She has complained to me about this before and I don\u2019t intend for that to happen, but I have a lot of bins as those wheelie bins don\u2019t take much rubbish. I think Poppy just doesn\u2019t realise that times have changed. She bought her house in 1980 when there were no businesses, bars or restaurants in the area. There is no actual damage to Poppy, her land or any of her property.<\/p>\n

Jay Rowland<\/em><\/p>\n

February 2018<\/p>\n

\u00a0<\/p>\n

Your written advice will contain two parts:<\/p>\n

\u00a0<\/p>\n

PART A<\/strong><\/p>\n

You must address the following:<\/p>\n

    \n
  1. Demonstrated Problem Solving and Understanding<\/strong><\/li>\n<\/ol>\n
      \n
    • Identify what possible trespass to person<\/strong> and\/or trespass to land<\/strong> and\/or private nuisance<\/strong> action(s) (successful or unsuccessful) relevantly arise on the facts of the statement (those action(s) that Jay may bring <\/strong>and those which may be brought against him<\/strong>); and<\/li>\n
    • For each action identified above, identify what missing or further relevant legal facts are<\/strong> necessary <\/strong>to be obtained or confirmed from any relevant source; and why they are needed <\/strong>(in<\/u> terms of torts law and primary authorities<\/u> (cases and\/or legislation \u2013 not<\/u> a textbook)), so that legal advice may be given to Jay on the situation disclosed in his statement.<\/li>\n
    • In determining what further relevant legal facts are necessary, you will need to consider what trespass to person, trespass to land and\/or private nuisance actions, defences and remedies <\/u>(if any) are relevantly raised by the facts of the statement and use your problem solving skills and ISAAC ISAACs methodology to fully<\/strong> work through, in your answer, all<\/u> the elements of any action, defence or remedy relevantly raised. Your answer will need to apply those elements to the law and the facts of the problem (citing a relevant authority for each legal principle) to either come to a conclusion or, more importantly for this item of assessment, to identify what<\/strong> further relevant legal facts are needed <\/strong>(and why with respect to the law) in order for a definite conclusion on the elements and issues, and a proper advice as to remedy, to be possible.<\/li>\n<\/ul>\n

      Therefore, as you work through ISAACs, you will need to: identify the elements and what issues might relevantly be raised on the facts of the client\u2019s statement in relation to each element of an action, defence or remedy; state the law relevant to each element \/ issue; and apply it to the information provided to either: (a) reach a conclusion on each element \/ issue; or<\/p>\n