laws and legislations must be regarding Australia

Anonymous
timer Asked: Dec 27th, 2017
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Question Description

Two separate parts! each section max 150 words

(Please note all content, laws and legislations must be regarding Australia only)

Part 1 (150 Words for this answer)

Donoghue v Stevenson was a foundation case in the law of negligence and has been relied on to this day, including in:

Brookfield Multiplex Ltd v Owners Corporation Strata Plan 6128

Read Brookfield - just the judgements of French CJ and Hayne & Kiefel JJ - and in your answer cover the following points:

  • a very brief description of the factual background (2 or 3 sentences)
  • the legal issue in question as it relates to negligence/tort (ignore other issues)
  • how did the Court rely on Donoghue v Stevenson, i.e. was a particular principle of D v S mentioned?
  • did the Court expand on D v S, and if so, how?

You can find this case on Austlii.edu.au


Part 2 (150 Words for this answer)

This question is about statutory Interpretation - intrinsic and extrinsic materials

1. What is the difference between extrinsic and intrinsic material for the purposes of statutory interpretation?

Find the relevant legislative provisions in the interpretation Act that deal with both types of material.

2. In your view, could the following be used as extrinsic material in interpreting legislation:

  • Ministerial media release about a policy
  • Law Reform Commission report which led to enactment of the legislation in question


Please no plagiarism! if any sites used please reference



Tutor Answer

henryprofessor
School: UCLA

Attached.

Running head: ANSWERS TO CASE QUESTIONS

Answers to Case Questions
Name
Institution

1

ANSWERS TO CASE QUESTIONS

2

Answers to Case Questions
Part 1
Owners’ Corporation (OC) sued Brookfield for the latent defects that were identified in
some parts of the 22-story building it constructed for Chelsea Apartments under their design and
construct contract. While there was no contractual agreement between the plaintiff and the
defendant, the OC made claims for the cost incurred for the re...

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Anonymous
Tutor went the extra mile to help me with this essay. Citations were a bit shaky but I appreciated how well he handled APA styles and how ok he was to change them even though I didnt specify. Got a B+ which is believable and acceptable.

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