Tort Law, Assignment 1: Research Assignment
Tort Law, Assignment 1: Research Assignment
Topic: Negligence
Due Date: 23rd August 2023, 11:59 p.m. (Darwin time)
Value % 40
Length: 2500 words not including footnotes.
If the paper is longer than 2750 words (2500+10%), only the first 2750 words will be assessed (with the penalty applied for words in excess of 2500), and the remainder will be ignored.
Learning outcomes: 1, 2, 3, 4, 5, 6
Preparation: The assignment should be typed (12 point) in a commonly used font (e.g., Calibri, Arial, Times New Roman, Cambria), spaced at 1.5 or 2.
Referencing and citations MUST accord with the style as set out in the Australian Guide to Legal Citation, 4th edition.
Assignments MUST include a footer showing your name, student number, page numbers, word count, and the unit code and name. Cover Sheets are not required.
Presentation: The assignment must be submitted as a Word document via the Online Submission provision in the Assessments area of the Learnline site. Students must ensure that their assignment has been lodged AND saved within the Learnline submission site. Please do not submit PDF documents.
Make sure to submit the final version of your paper. If you submit a draft, then this is what will be marked.
Task Details
Task InWaine v Carnival PLC t/as P&O Cruises Australia[2022] NSWDC 650,the DistrictCourt [NSW] considered whether a cruise ship operator breached its duty of care to a pregnant passenger who had suffered a miscarriage, leading to psychological harm. The Court held that the ships doctor had failed to appropriately assess the plaintiff passengersrisk of a miscarriage and failed to warn her of the risks of taking/continuing the cruise. The court awarded the plaintiff monetary damages of $326,000.
Your task is to write a case analysis following the steps below:
1. Case summary: 10 marks
2. Breach of duty: 10 marks
3. Causation and scope of liability: 10 marks
4. Defences and compensation: 10 marks
Step 1 (the case summary) should be no longer than 600 words. This task tests your ability to identify the material facts, the issues, and the keyelements of the judgment, and to present them succinctly.
Steps, 2, 3, and 4 are a case analysis. You must identify andcriticallydiscuss, based on independent research, the strengths and weaknesses of the decision.
Further guidance will be provided over the first 5 weeks of the semester.
Assessment criteria Marks are awarded based on the following general criteria:
Quality of legal analysis (80%): well structured, complete, relevant to the task, properly balancing description and analysis, realistic (acknowledging both strengths and weaknesses), with skilled use of legal authorities identified through thorough researchQuality of legal writing (20%): readable, concise, coherent, clear, correct grammatically and in terms of punctuation, with appropriate style, well referenced in AGLC4.
Penalties Late Submission
Assessment tasks that are submitted after the due date without an approved extension will incur a penalty of 5% of the mark that would have otherwise been awarded, per day late. For example, a paper marked 20 (out of the total available of 40) but submitted two days late will be marked 18 (1 mark that is, 5% of 20 deducted per day late).
Late assignments will not be accepted after 15 days. Do not leave submission to the last moment. Late submission penalties apply even if you are unable to submit due to technical issues.
Academic Misconduct
Depending on the seriousness of the breach, from a 4 marks penalty to reporting the student to the Integrity Unit for further investigation.
