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

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





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。



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。




















  • 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


  • 补救措施或过失侵权行为

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