Details: This assessment task requires you to produce a memorandum of advice. This will involve consideration of a set of facts which give rise to a set of legal problems and / or policy issues. You...

Law based Question
To: Principal Lawyer ‘Eric Townsend’
From:
Date: 23rd August 2019
File:
Subject: Legal advice to a client named ‘Sally’
Background/Introduction
In the underlying case of Sally against John, it is found that John has involved in intentional deception of Sally. Starting with, two personnel named John and Sally are having a longstanding rivalry on capturing new stories and securing interviews with cele
ities. In their long standing rivalry, Sally is found to lead the race through securing some special interview with Australian cele
ity, receiving national recognition and peace for it. It has infuriated her rival, John led him to indulge in wrongful acts and practices for spoiling Sally’s reputation and image in journalism industry. In lieu of this purpose, John started silent investigation against Sally as she was planning ‘something huge’ to uncover co
upt practices in a well-known Australian organisation named Banker-X.
For doing so, John has stolen handwritten notes related to the story of Banker X from Sally’ desk, and took the photographs and snaps of the other evidences related to Banker X. John took the help of Sally’s colleagues Tom in this process and used him for entering in Sally’s office and collecting notes and other evidences. Sally suspected and raised allegation against John for her lost handwritten notes and other evidences. In this, both John and Sally outraged each other, and John has thrown away the notes into the burning fireplace, in order to take revenge from Sally and spoiling her reputation.
Facts
The case is about a civil wrong caused one party or claimant to suffer loss or harm due to the person who committed the tortious act. For handling civil suits and claim arises in civil court, tort law is there
. The concept and scope of tort law is to redress a wrong done of a person, dealing with bad acts of others, and, providing relief to the claimant from the wrongful acts of others. The original intent of tort law is to compensate claimant for every damages and harms caused to him due to other ones. It also requires person who are at fault or found to be guilty of harming others to compensate victims. The compensation can took any form such as payment of pain and suffering, medical expenses and additional punitive damages announced with the purpose of punishing plaintiff in addition to full compensation
.
The proceeding of tort law is different from criminal law, which deals with criminal wrong doings punishable by the state and constitution. It is also worth noting that contractual obligation in the contract law is chosen by the parties, whereas obligation in tort law is imposed by the state. In both contract and tort law, claimants are under legal duty to prove the fact that they have suffered foreseeable loss or harm on account of
each of duty
.
Assumptions
For proving tort action, three elements must be present in the case:
i) Defendant, i.e., John had a duty to act and behave in a certain way:
As Sally and John work in the same journalism or media industry where each party is under legal and moral duty of respecting privacy, confidentiality and integrity of acts done by other party. In the field of journalism, it is the basic duty of each party and entity to act with reasonable duty of care in protecting and preserving data or information sets. A media personnel or journalist invested high amount of time and energy in collecting required data and information for preparing a ‘story’ or ‘news item’. Other candidates whether colleagues or competing personnel are under the duty to act with reasonable care in protecting meaningful and previous nature information set likely to use for creating a ‘story’. But, John failed to adhere with this principle and engaged in stealing highly confidential information collected by Sally from her office
.
John violated the principle of ‘duty of care’ as outlined in the case law titled, ‘Donoghue Vs Stevenson’ (1932), a landmark court decision made by the House of Lords in English tort law. The case findings are based on the modern law of negligence stating party violated the principle of duty of care and diligence. The case involved Mrs. Donoghue found a dead snail in a bottle of ginger beer. Due to this, she fell ill and sued the ginger beer manufacturer. The House of Lords held the fact that ginger beer manufacturer owed a duty of care towards their customers. It is reasonably foreseeable that failure on the part of manufacturer’s duty of product safety could lead to serious harm to consumers
.
Likewise, there is also sufficient proximate relationship between John and Sally on account of working in the same industry. Both of them owed a duty of care,
each of which might result in legal litigation. As a part of duty of care, John is under duty of not stealing or taking snaps of the information notes, though, it is accessible easily. In spite of this, it is expected that John should act in accordance to the principal of duty of care where he should ask her colleague to safely collect and put her informational notes in a locker or a drawer preventing from any kind of unauthorised access and use.
ii) Plaintiff needs to prove that behaviour demonstrated by defendant did not conform to the duty owed to the plaintiff:
This condition requires John to act with reasonable care and diligence towards Sally. As a part of his profession, John needs...