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,...

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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. ##

Question (10 marks)

Sam Speed runs a business which provides a re-fuelling service for aircraft at the regional airport at Albury in New South Wales.Sam stores his fuel at a depot he owns in an underground tank.One day, Sam receives a tanker load of XXXXXXXXXXlitres of fuel from his supplier.The fuel is pumped into Sam’s underground tank, and Sam puts a dip-stick into the tank to check that the correct amount has been delivered.Unfortunately, Sam is distracted by a phone call, and forgets to screw the lid back onto the tank, with the result that dust enters the fuel during the night, contaminating it.


The next day, still unaware of what has happened, Sam refuels three light aircraft with the fuel.Each aircraft is owned by a different company, White Ltd, Blue Ltd and Green Ltd.


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


The aircraft ownedby White Ltd also destroys a Mercedes Benz car worth $ XXXXXXXXXXowned by Ms Susan Swift, who usually never parks her car on that street but did so that day because the parking lot she uses was full.


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


After alerting the pilot of the Blue Ltd plane, Sam also runs to the aircraft owned by Green Ltd and gives him the same information about the fuel, 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 aircraft’s engine cuts out, it swerves across the runway and suffers $ XXXXXXXXXXworth of damage.


Accident reports confirm that the aircraft owned by White Ltd and Green Ltd crashed because their engines were damaged by the contaminated fuel.


Advise Sam on what liabilities he may have to all potential plaintiffs who have suffered loss under the above facts.

** Please check that you have complied with all the points in the Style Guide before handing in your assignment.**


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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 Modules.

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 DayAug 08, 2020LAW220Charles Sturt University

Solution

Arun answered on Aug 13 2020
58 Votes
NEGLIGENCE CASE ANALYSIS 1
Negligence Case Analysis
Introduction
The case of Sam whose ignorance caused the three companies in trouble is analysed to identify whether Sam is accountable for the financial losses these companies sustained.
Issues
The first issue is white Ltd Company whose aircraft is destroyed due to polluted fuel and company will file a claim in the court for this damage against Sam. The second issue is related to Blue Ltd Company whose one passenger could not visit to investigate vessels and therefore, Sufmarine Company sustained a financial loss, and Sufmarine Company will claim the financial losses to Blue Ltd and in turn Blue Ltd may claim this damage from Sam. The third issue is financial losses sustained by Green Ltd Company because its pilot did not follow the warning of Sam. Issues of negligence from Sam are clearly established in this regard. Issues of contributory negligence are also found from pilot of Green Ltd. Issue of materialization of internal risk is present in case of Blue Ltd Company.
Application
The law of negligence has several sections that are taken to resolve these issues. The law of negligence and limitation of liability act 2008 has been considered. The law take case of negligence factor and harms to the people. The law defines that negligence can be established if the plaintiff provides these evidences. First thing is the duty and plaintiff has to prove that the defendant owed a legal duty to him under specified circumstances. The defendant has
eached the legal duty by engaging in i
esponsible act. The third element is causation that plaintiff has to prove before court, and the fourth element is damages that is caused by defendant ignorance.
If the law of negligence is taken into consideration, there are various aspects come into surface. There are sections that describe Good Samaritan act, materialization of inherent risks, and contributory negligence played by plaintiff.
The law states that to make a defendant liable for the negligence, the...
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