1. what glossary of legal terms which you can add to and refer to all term.

2. what types of law you think would fall under Public or Private law headings.

3. Some exercises in understanding the type of law involved: Carlos and the broken laptop: Carlos purchased a laptop from a computer store and it keeps crashing so he loses his work. He's very unhappy.

a Do you think Carlos has any rights under Australian law?

b Can you articulate those rights? That is describe them?

c Can you think where these rights come from in Australia (are they from a case or perhaps legislation?)

d Can you do some research to find the law and help Carlos understand his rights?

4. Sasha and Bill: Sasha entered a contract with Bill where they agreed he would re do the tiles in her shower over two weeks for $4000. Sasha gave Bill the description of the tiles she had picked out and he took away a sample tile to go to the tile shop. Sasha paid Bill $2000 upfront with the balance to be paid on completion of the job in two weeks. Bill completed the tiling on time however he used some tiles that were not specified. He could not find 100 tiles that Sasha wanted so he used 25 tiles that were a different colour. Sasha is very unhappy and does not want to pay the remaining $2000 to Bill. Bill argues he finished the job, so the money is due.

a How would you describe the relationship between Sasha and Bill? This will help you identify the law that applies.

b What was agreed?

d Did Bill perform the job as agreed? Or only part of the job?

e Did he safesfy the terms of the agreement? Do you this the law comes from case law or legislation?

5. revise what you learned about the doctrine of precedent.

In the famous House of Lords case of Donoghue v Stevenson [1932] AC 562, the Court determined that the duty of care can exists outside of a contract. In that case a friend had purchased a bottle of ginger beer for Mrs Donaghue and she found parts of a decomposed snail at the bottom of her bottle and became ill. She sued for damages for negligence. A major issue for Mrs Donoghue (the plaintiff) is that she had no contract with the company or with anyone for that matter. Her friend had purchased the ginger beer. The court still found in her favour and held that there was a principle of law that each person has a duty of care to all others whom they could reasonably foresee as being affected by their actions.

Let's look at a scenario:

Andre purchases an unsliced sourdough loaf to make sandwiches for a picnic. He returns home to make sandwiches. His son comes out and slices the loaf for breakfast and discovers a spider within the loaf. On inspection, they determine one of its eight legs is missing and Andre thinks his son ate it. He wants to know his rights against the bakery.

a Does Donoghue v Stevenson apply in Tasmania?

b What is the reason it would?

c Does the bakery have a duty of care to Andre?

6. Go to the austlii database (see recording, last slide) and search for the Tasmanian Act called the Acts Interpretation Act

a What year was the Act passed?

b Find the section on working out time (what is that section called)

c What does it say about working out a period of time (for example a decision must be made within 14 days)

d If the first day is 20 April and the period is 14 days, when does the period end?

e Did you find it easy to read the section in the Act?

f Look up the NSW equivalent Act on statutory interpretation.

g What did you notice that was similar about the two Acts? Find the NSW Act section on working out time

  Which section is easier to follow?

Answer rating: 100% (QA)

Answer 1 Glossary of Legal Terms Act A bill that has passed through the legislative process and has become law Defendant The party against whom a lawsuit is brought Plaintiff The party who initiates a ... View the full answer