标签:侵权法代写,Assignment代写,法律学代写

INSTRUCTIONS

In Torts, there is only ONE ASSIGNMENT. This assignment is compulsory and must be submitted by all students. The assignment will constitute 20% of the final mark in this subject.

Assignments must be submitted by the due date unless an extension has been granted. Extensions need to be requested by email prior to the assignment due date and specific supporting evidence provided. Late assignments attract a penalty of one mark out of 20, or 5% of the total marks available, per day. A pass mark is 50%. Assignments that are received more than ten days after the published due date will not be accepted. Please note that students granted an extension must still submit their assignment within ten days of the original assignment due date.

Assignments are assessed according to the “Assignment Grading and Assessment Criteria” outlined in the LEC Guide to Assignments. This guide also contains the rules and guidelines regarding the presentation of assignments and instructions on how to submit an assignment and is available from the Guides and Policies section of Canvas. Please read this guide carefully before completing and submitting this assignment.
Any submission which uses the ideas of others without attribution, or fails to reference properly the words and ideas of others, or which has been prepared – in whole or in part – by someone other than the student, will be regarded as plagiarism – and severe consequences apply. Students must acknowledge any assistance provided in preparing this assignment, including the use of automated writing tools, artificial intelligence (AI), reference generators, and translation software.
The maximum word length for this assignment is: PART A – 1000 words (excluding citation footnotes and bibliography). PART B – 3 minutes. These limits are to be STRICTLY ADHERED TO.

Completed assignments should be lodged through Canvas and received by 11:59pm AEST (Eastern Standard Time) on ******.


Please put your STUDENT NUMBER and SUBJECT in the HEADER of your document. You are no longer required to fill out a cover page.

By placing their name on the assignment students are claiming the work they submit as their own – if in fact it is not, this is both plagiarism and unprofessional conduct.

Compulsory Assignment Question

The assignment is in two (2) parts. Each part is required to be completed.

Part A

A written answer to a question – 15% of your final mark.
The maximum word length for the written assignment is 1,000 words (excluding
citation footnotes and bibliography).

The word limit is to be strictly adhered to; anything written in excess of 1,000 words will not be read or marked.

Part B

A video of advice to the client based your answer to the on the written question – 5% of your final mark.
The maximum length of the video presentation is 3 minutes.
The 3-minute limit will be strictly adhered to; anything recorded in excess of the three minutes will not be viewed or marked.

Each part will need to be uploaded to Canvas separately.

*****

Assignment Question

Facts:
Rachel and Dwayne live next door to Larry in a suburb of Sydney.

During Covid, Rachel and Dwayne were working from home. They got a rescue dog, Morris, from the Dog Rescue Society. Morris had some behavioural issues but Rachel and Dwyane’s love and care seemed to make Morris happier and better behaved.

After Covid, Rachel went back to work but Dwayne continued to work from home. Three months ago, Dwayne was ordered to go back to the office. They had no choice but to leave Morris at home alone. They were confident that Morris’ behaviour issues, particularly his separation anxiety, would not be a problem.

Larry works for an overseas firm that requires him to work at home at night to fit in with their business hours. For the last three months, Morris has run up and down Rachel and Dwayne’s yard yelping, whining and barking all day until Rachel or Dwyane come home. Larry can’t get any sleep or peace.

Larry complained to Rachel. She acknowledged that Morris had had issues but they had been addressed. She said that she didn’t believe it was as bad as Larry said. She said he should make allowances for a little dog that had had a hard life. Larry then complained to Dwayne who told him to stop harassing Rachel and to ‘fuck off’.

Larry decided to get evidence of Morris’ behaviour. He bought a drone and sent it up when Morris started making a noise. He did that a few times but thought he’d get one last recording. While the drone was hovering over Rachel and Dwayne’s place, Dwayne came home from work. He saw the drone and ran into Larry’s place, down his driveway and into his backyard. He saw Larry in the kitchen operating the controls of the drone.

Dwayne stormed into Larry’s kitchen yelling, ‘What are you doing to Morris? You’ve upset him. No wonder he’s been barking.’
Larry responded, ‘I’m not causing the barking. I’m recording it.’
Dwayne said, ‘You upset my dog again and I’ll get the police onto you.’
Larry said, ‘You shut you bloody dog up or I’ll get the Council on to you.’
Dwayne said, ‘Morris isn’t the problem.’
Larry said, ‘I’ve landed the drone. Now, you just stay here and listen. That bloody dog will start again any moment.’
‘I’m not listening to this nonsense,’ said Dwayne and went to go outside.

Larry leapt up and locked the kitchen door. Dwayne lost it and punched Larry in the head. Larry fell to the floor, blocking the doorway. Morris started barking.

Meanwhile Rachel had come home. She grabbed Morris to keep him quiet and yelled out to Dwayne, asking where he was. Dwayne said he was locked in Larry’s place.

Rachel went into Larry’s yard and walked round the back. She found a spare key under the mat and unlocked the kitchen door. She saw Larry and asked if he was OK.
Larry said, ‘Get out and get that bloody dog away from me.’
Dwayne said, ‘Let’s go.’
Rachel said to Larry, ‘I’m not going until I’m sure you’re OK. I’m going to call the ambulance.’
Larry said, ‘I said, get off my land.’
Rachel had already dialled 000 and said, ‘I’ll wait with you until the ambulance comes.’
Larry said, ‘Tell them to send the police as well and then go.’

Choose one of the following so that your answer addresses only one intentional tort.
• Advise Rachel and Dwayne and Larry on their rights and obligations under trespass to land.
• Advise Rachel and Dwayne and Larry on their rights and obligations under the law of nuisance.
• Advise Rachel and Dwayne and Larry on their rights and obligations under trespass to person.
• Advise Dwayne on his rights and obligations under false imprisonment.

 

 

In answering your question
• limit your answer to the ONE civil cause of action in tort
• name the tort
• outline the elements of that tort noting
• who has the onus of proof to establish those elements
• the facts that relate to each element
• the common law decisions and legislation that impact on the way the
facts would be interpreted to make out those elements
• state how each element is made out or not made out
• include advice on the limitation period
• outline any defences available
• who has the onus of proof to establish the defence
• the elements of the defence
• the facts that relate to the defence
• the common law decisions and legislation that impact on the way the
facts would be interpreted for those defences
• state why that defence is made out or not made out
• Advise each person based on that analysis

Do not consider
• remedies or the tort of negligence

在侵权法课程中,只有一个作业。这项作业是强制性的,所有学生必须提交。该作业占该课程总成绩的20%。

除非已获得延期,否则作业必须在截止日期前提交。需要延期的学生必须在作业截止日期前通过电子邮件提出申请,并提供具体的支持证据。逾期提交的作业每天将扣减1分(满分20分),或占总分5%。及格分为50%。收到的作业如果超过公布的截止日期十天,将不被接受。请注意,已获准延期的学生仍必须在原作业截止日期后的十天内提交作业。

作业将根据“LEC作业评分和评估标准”进行评估。此指南还包含有关作业展示的规则和指南,以及如何提交作业的说明,可以在Canvas的指南和政策部分找到。在完成和提交此作业之前,请仔细阅读此指南。

任何未注明来源使用他人想法的提交内容,或者未正确引用他人文字和想法的提交内容,或者由学生以外的其他人准备的全部或部分提交内容,都将被视为抄袭行为,并会受到严厉处罚。学生必须注明在准备此作业过程中提供的任何帮助,包括使用自动写作工具、人工智能(AI)、参考生成器和翻译软件。

本作业的最大字数限制为:部分A – 1000字(不包括引用脚注和参考书目)。部分B – 3分钟。必须严格遵守这些限制。

完成的作业应通过Canvas提交,并在***东部标准时间(AEST)晚上11:59前收到。

请在文档的页眉中写上你的学生号码和课程名称。你不再需要填写封面。

将姓名写在作业上的学生即声称他们提交的作品是自己的 – 如果事实并非如此,这既是抄袭行为也是不专业行为。

强制作业题目

该作业分为两(2)部分。每部分都需要完成。

部分A
书面回答问题——占最终成绩的15%。
书面作业的最大字数为1000字(不包括引用脚注和参考书目)。

必须严格遵守字数限制;超过1000字的部分将不被阅读或评分。

部分B
基于书面问题答案的客户建议视频——占最终成绩的5%。
视频演示的最大时长为3分钟。
必须严格遵守3分钟的时长限制;超过三分钟的部分将不被观看或评分。

每部分需分别上传到Canvas。

作业问题

事实:
Rachel和Dwayne住在悉尼郊区,Larry是他们的邻居。

疫情期间,Rachel和Dwayne在家工作。他们从狗救助协会领养了一只叫Morris的救援犬。Morris有一些行为问题,但在Rachel和Dwayne的爱和关怀下,Morris似乎变得更开心,行为也有所改善。

疫情结束后,Rachel回到工作岗位,但Dwayne继续在家工作。三个月前,Dwayne被要求回办公室工作。他们别无选择,只能把Morris独自留在家里。他们相信Morris的行为问题,尤其是分离焦虑,不会成为问题。

Larry为一家海外公司工作,要求他在晚上在家工作以配合他们的业务时间。过去三个月,Morris整天在Rachel和Dwayne的院子里跑来跑去,吠叫、哀鸣和吠叫,直到Rachel或Dwayne回家。Larry无法入睡或得到安宁。

Larry向Rachel投诉。她承认Morris曾经有问题,但问题已经解决。她说她不相信情况有Larry说的那么严重。她说他应该对一只曾经有过艰难生活的小狗多包容一些。然后Larry向Dwayne投诉,Dwayne告诉他不要骚扰Rachel,并让他“滚开”。

Larry决定获取Morris行为的证据。他买了一架无人机,当Morris开始吠叫时,他就让无人机升空。他这样做了几次,但决定再录一次。当无人机悬停在Rachel和Dwayne的房子上方时,Dwayne刚好下班回家。他看到无人机,跑进Larry的家,沿着车道跑进他的后院。他看到Larry在厨房里操控无人机。

Dwayne冲进Larry的厨房,大喊:“你对Morris做了什么?你把他惹火了,难怪他一直在吠叫。”
Larry回答说:“不是我引起的吠叫。我在录音。”
Dwayne说:“你再惹我的狗,我就报警。”
Larry说:“你让你的狗闭嘴,不然我就找市政厅投诉你。”
Dwayne说:“Morris不是问题。”
Larry说:“我已经降落了无人机。现在,你待在这听听。那该死的狗随时会再开始吠叫。”
“我不想听这无聊的废话,”Dwayne说完就准备出去。

Larry跳起来锁上了厨房门。Dwayne失去了理智,打了Larry一拳。Larry倒在地上,挡住了门口。Morris开始吠叫。

这时Rachel回家了。她抓住Morris让他安静下来,并喊Dwayne问他在哪。Dwayne说他被锁在Larry的家里。

Rachel走进Larry的院子,绕到后面。她在垫子下找到一把备用钥匙,打开了厨房门。她看见Larry,问他是否还好。
Larry说:“出去,把那该死的狗带走。”
Dwayne说:“我们走吧。”
Rachel对Larry说:“我不走,直到确定你没事。我会叫救护车。”
Larry说:“我说了,滚出我的地盘。”
Rachel已经拨了000并说:“我会等到救护车来了再走。”
Larry说:“让他们也叫警察来,然后滚。”

选择以下一个问题,以便你的答案只涉及一个故意侵权行为。

就土地侵权问题,向Rachel和Dwayne以及Larry提供建议,说明他们的权利和义务。
就妨害问题,向Rachel和Dwayne以及Larry提供建议,说明他们的权利和义务。
就人身侵权问题,向Rachel和Dwayne以及Larry提供建议,说明他们的权利和义务。
就虚假监禁问题,向Dwayne提供他的权利和义务的建议。
在回答问题时

  • 将答案限定在一个民事侵权行为上
  • 说明该侵权行为
  • 概述该侵权行为的要素,并注意
  • 谁有证明这些要素的举证责任
  • 与每个要素相关的事实
  • 影响这些要素解释的普通法判决和立法
  • 说明每个要素是否成立
  • 包括时效期的建议
  • 概述任何可用的辩护
  • 谁有证明辩护的举证责任
  • 辩护的要素
  • 与辩护相关的事实
  • 影响这些辩护解释的普通法判决和立法
  • 说明为什么该辩护成立或不成立
  • 根据分析向每个人提供建议

不要考虑

  • 补救措施或过失侵权行为

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