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University of Wollongong *

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240

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Law

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Apr 3, 2024

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4

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2023 J U N 2 0 LLB 2240/LLB 240 WG/SWS/SYD Supplementary/ Deferred Autumn 2023 REMOTE Page 1 of 4 Faculty of Business and Law School of Law LLB 2240/ LLB 240 Law of Torts Wollongong / South Western Sydney / Sydney CBD Campuses Supplementary and Deferred Examination Paper Autumn 2023 – Remote Delivery Exam duration 3 hours Weighting 65 % Items permitted by examiner Open book Aids supplied Nil Directions to students 1. This paper contains TWO (2) questions totaling 65 marks. All questions are to be answered. 2. Question 1 (Intentional torts) is worth 18 marks. 3. Question 2 (Negligence) is worth 47 marks. 4. Answer all questions in ONE FILE. Make sure you clearly identify each question in your answer file. 5. Please name the file with the subject number, eg “LLB2240 Final Exam 2023” A centralised phone number has been established for students to call if you have any issues during the exam. Staff from the Exams team will respond to the calls and escalate them to the Subject Coordinator as appropriate. If you have any issues that impact your ability to complete the exam, please call the Exam Support Hotline on 02 4221 3927 . If you are unable to get through to that number for any reason, send an email to the Subject Coordinator for the exam you are sitting as soon as possible. This exam paper MUST NOT be shared or distributed in any way
2023 J U N 2 0 LLB 2240/LLB 240 WG/SWS/SYD Supplementary/ Deferred Autumn 2023 REMOTE Page 2 of 4 Question 1 – Problem Scenario (Intentional Torts) (18 marks) Jane lives in the idyllic town of Greenville. Mark lives next to Jane, but their relationship has always been strained. One afternoon, Mark was startled by noises coming from Jane’s property. His curiosity piqued, Mark stepped outside to investigate. He discovered that Jane was in the process of sawing off branches from her trees. Mark looked over the fence and yelled at her to stop. Jane responded by brandishing her chainsaw menacingly in his direction, and said, “If you come close to me, I'll cut off your head!” Mark retreated back to his house. He was angry, but not scared. Mark devised a sinister plan to seek revenge on Jane. He knocked on Jane’s front door, which Jane opened slightly. Mark deftly slipped through the narrow gap. Overwhelmed with fear, Jane hurriedly fled to the safety of her upstairs bedroom, locking the door behind her. She was panic-stricken but huddled without a sound inside her locked bedroom and contemplated whether she should jump through the window to escape. Meanwhile Mark noisily paced through the rooms downstairs before returning to his house after just a couple of minutes. Jane, not knowing for sure that Mark had left her house, continued to wait in her bedroom for what seemed like an eternity but it was actually 15 minutes. When she ventured downstairs she soon realised that Mark had left. The following day, Jane cleaned her rare collection of delicate antique vases on the front verandah of her house. Having spotted Jane cleaning vases, Mark waved from the road and asked if he could look at them. Reluctantly, she agreed and opened the garden gate for him. Jane diverted her attention from Mark’s presence by concentrating on scrubbing a porcelain vase. Taking advantage of Jane’s inattention, Mark seized a vibrant glass vase and discreetly transferred it to a different shelf. Examining the stunning collection of vases, he developed a fondness for a colourful porcelain figurine. With genuine interest, he asked Jane if he could borrow it to display it at a party he planned to host over the weekend. Jane, after some wavering, acquiesced to his request. Mark took the porcelain vase home. The following week, Jane approached Mark to reclaim the vase. However, Mark had sold the vase to a local art dealer, enriching himself with the substantial sum of money obtained from the sale. In the following days, Mark decided to embark on a renovation project, adding a patio and pool to his large backyard. His property was one of the few in Greenville that did not have a pool, and he was hoping to be able to feature his renovation in the annual Greenville Cup for best backyard. For all daylight hours, the relentless noise of drilling, pounding, and grinding echoed through Jane’s home. Jane’s once-peaceful sanctuary is now marred by the persistent disruptions, making it nearly impossible for her to concentrate on her work, or find solace within the walls of her own home for many continuous hours each day. Another neighbour – good friend Jenny – visited Jane to console her. Upon first seeing Jane distressed, Jenny gave her a big bear hug and planted a kiss firmly on her cheek. Jane was unaccustomed to such displays of affection and found Jenny’s actions unsettling. Your task (18 marks) Advise of any intentional torts actions that may be available to Jane and Mark.
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