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Value: 10% Due Date: 17-Aug-2020 Return Date: 07-Sep-2020 Length: 1000 words Submission method options: Alternative submission method TASK back to top You must write an answer to the problem-type...

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Value:10%

Due Date:17-Aug-2020

Return Date:07-Sep-2020

Length:1000 words

Submission method options:Alternative submission method

TASK

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You must write an answer to the problem-type question below, using the ILAC (Issues, Law, Application, Conclusion) format, a worked example of which is in the Resources folder.

**In this subject, assignments are marked on-line, using an adapted MS Word programme. You therefore MUST submit your assignment in Word format, NOT as a PDF document. If you submit in PDF it will not be able to be marked.**

##If you think you may need and extension for this assignment, please read the rules relating to extensions in the Subject Outlinebeforeapplying for an extension. ##

Because of an increase in regional air travel, Bob Rogers opens a business to service light aeroplanes in Bathurst in New South Wales. Part of the servicing that Bob offers is to change the engine oil in aeroplanes. Bob stores oil in barrels. One day, Bob receives 30 barrels of oil from his supplier. Bob opens the first barrel and uses some of the oil. Unfortunately, he does not to screw the lid back onto the tank properly at the end of the day, with the result that dust enters the oil during the night, contaminating it.

The next day, still unaware of what has happened, Bob changes the oil in three aeroplanes. Each aeroplane is owned by a different company, Purple Ltd, Yellow Ltd and Orange Ltd.

The aeroplane owned by Purple Ltd takes off successfully, but about 2 km from the end of the runway the engine cuts out because of the oil contamination and the aeroplane, which is worth $ 1 million, crashes onto a road and is totally destroyed, although the pilot miraculously survives without any injury.

The aeroplane owned by Purple Ltd also destroys a Mercedes Benz car worth $ XXXXXXXXXXowned by Ms Mary Gordon, who usually never parks her car on that street but did so that day because the parking lot she uses was full.

Bob hears on the radio what happened to the aeroplane owned by Purple Ltd, and that the pilot reported a problem with the engine to air traffic control moments before the crash. Fearing that the accident might have been due to contaminated oil, Bob runs across to the aeroplane owned by Yellow Ltd, waving his arms to attract the attention of the pilot, who is just about to start his engine. Bob tells the pilot that there seems to be something wrong with the oil and that it could damage the engine, and the pilot decides not to take off for Sydney. There are no other aeroplane able to fly to Sydney, and because the aeroplane owned by Yellow Ltd does not take off, one of the passengers, Ms Jane Seymour, who is a shipping engineer, is unable to get to Sydney to certify that a cargo ship owned by Cunard Ltd is seaworthy, with the result that Cunard Ltd loses $ XXXXXXXXXXin profit because its vessel cannot put to sea that day.

After alerting the pilot of the Yellow Ltd plane, Bob also runs to the aeroplane owned by Orange Ltd and gives him the same information about the oil, but the pilot says “Look, mate, I understand what you are saying, but I don’t have time for this. I’m going to take off anyway. I have to get to Melbourne by 10 am”, and with that the pilot closes his window and taxis towards the runway. As the pilot starts his take-off run, the aeroplane’s engine cuts out, it swerves across the runway and suffers $ XXXXXXXXXXworth of damage.

Accident reports confirm that the aeroplanes owned by Purple Ltd and Orange Ltd crashed because their engines were damaged by the contaminated oil.

Advise Bob on what liabilities (if any) he may have to all potential plaintiffs who are stated to have suffered loss in the above facts.

In answering this question, you should restrict your research to the law covered inTopics 3-4 only.

As with all problem-type questions, you should assume that all facts alleged are true and are provable in court.

** Please check that you have complied with all the points in the Style Guide (which appears after the marking rubric) before handing in your assignment.**

PRESENTATION

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Style Guide

Please comply with the following Style Guide:

1. Do not re-state the question.

2. Use in-text referencing. Do not use footnotes.

3. Names of statutes should be italicised, and followed by the jurisdiction not in italics, for example:Acts Interpretation Act 1901(Cth). Note the abbreviation for ‘Commonwealth’ is ‘Cth’ not ‘Cwlth’.

4. The names of the parties must be italicised, but the citation must not, for example:Smith v Jones XXXXXXXXXXCLR 34.

5. An in-text reference to a book should be structured as follows: (Latimer, 2010, p. 75). There is no need to put the author’s initial. Note the positioning of brackets, stops and commas. You use ‘pp.’ only if referring to more than one page. If you are referring to a book with more than one author, the in-text reference would be as follows: (Smithet al, 2002, p. 78).

6. An in-text reference to the subject's Modules should be structured in brackets as per the following example - obviously you will alter the reference depending on the subject, year of study and Module number : (CSU LAW220 Modules, 2015, Topic 7).

7. Do not start a new line simply because you are starting a new sentence.

8. Be careful of apostrophes: director's = of a director, directors' = of many directors, directors = many directors. Also particularly prevalent is confusion between its (it possessive) and it's (contraction of "it is").

9. The following words always start with a capital letter: Commonwealth, State, Act, Bill, Regulation, Constitution, Parliament. Do not unnecessarily capitalise other words.

10. One should not use terms such as can't, won't, don't and shouldn't, neither should one use "ie" and "eg" in formal writing.

11. A sentence must always begin with a full word and a capital letter – so a sentence would start ‘Section 55 says…’, not ‘S 55 says…’ or ‘s 55 says…’. The abbreviation for 'section' in the middle of a sentence is 's'.

12. Start each paragraph on a new line, and leave a clear line gap after the preceding paragraph.

13. You must put page numbers on your assignment.

14. Quotations and excerpts from legislation should be indented from the rest of the text in a separate paragraph. The text in quotations should not be in italics.

15. You must end your assignment with a bibliography that is divided into three separate parts, listing statutes, cases and books / articles / on-line Topics.

16. A listing of a book in a bibliography should appear in accordance with the following format: Latimer, P (2010).Australian Business Law, 29th ed, North Ryde: CCH. If listing a book with multiple authors, do so as follows: Heilbron, G, Latimer, P, Nielsen, J and Pagone, T (2008).Introducing the Law, 7th ed, North Ryde: CCH.

17. When listing statutes at the end of your assignment you should conform to the format:Acts Interpretation Act 1901(Cth). List the statute only once – you doNOTlist individual section numbers relied on. You should not list textbooks as the source of Acts – the Act itself is its own source.

18. When listing cases conform to the format:Gordon v Richards XXXXXXXXXXCLR 32.

19. When listing article conform to the format: Jones, J 'The new analysis of law' XXXXXXXXXXJournal of Recent Law34.

20. When listing CSU Modules conform to the following format: CSU LAW220 Modules.

21. Make sure that your sentences are grammatical – it may be useful to read your assignment out loud if you have any doubts about this.

PLEASE NOTE THAT YOU WILL LOSE MARKS IF YOU DO NOT COMPLY WITH THIS STYLE GUIDE. I WILL REFERENCE NON-COMPLIANCE BY ANNOTATING YOUR ASSIGNMENT “2”, “5” ETC TO INDICATE WHICH OF THE ABOVE RULES NUMBERED1 – 21 YOU HAVE BREACHED

Answered Same Day Aug 13, 2021 LAW220 Charles Sturt University

Solution

Sumit answered on Aug 13 2021
144 Votes
Issues
Whether Bob is responsible for the plane crush and the $1 Million damage caused to Purple Ltd and any mental damage caused to the pilot of the plane? Whether Bob is responsible for the damages caused to Mary Gordon even though she parked her car on the street instead of in parking lot? Whether Bob is responsible for the damages caused to Cunard Ltd? Whether Bob is responsible for the damages caused to Orange Ltd even though bob advised the pilot not to take-off?
Law
Whether a person is responsible for damage caused to another, it is important to determine whether the defendant owed the plaintiff a duty of care, next whether the defendant
eached the standard of care of a reasonable person and whether the defendant’s conduct caused harm to the plaintiff.
To determine whether the defendant owed the plaintiff a duty of care, as enunciated in Donoghue v. Stevenson [1932] All ER 1 depends on whether a reasonable person in the position of the defendant would have foreseen that their conduct could cause harm to someone in the position of the plaintiff. It is not necessary for the plaintiff to prove that the defendant owed a duty of care to him or her as a specific person.
To determine whether the defendant
eached the standard of care of a reasonable person, Section 5B (2) of the Civil Liability Act (2002) NSW refers to four factors in determining whether the standard of reasonable care has been
eached. These factors must be balanced against each other in order to determine whether the plaintiff’s conduct was negligent (i.e.,
eached the required standard of care). the likelihood that the defendant’s acts would cause harm, the...
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