Kaupapa Kōrero‐Essay
Kaupapa Kōrero‐Essay Assignment Description Get the best assignment help from MakeMyAssignments.com Nursing Assignment Help Summative…
Preliminary Information
You are a junior solicitor in the employ of Moody & Sons, Solicitors. A paralegal in the firm has recently taken the below statement from a new client, Mr Jay Rowland. A partner of the firm, Mr Sullivan Moody, has asked you to review the statement and prepare a written advice for the client’s file to assist him with the next appointment scheduled with Mr Rowland.
STATEMENT OF JAY ROWLAND
Since January 2014, I have run my own bar in Fortitude Valley, Brisbane. The bar is located in an old converted Queenslander. I hate ‘chuggers’ – that is charity muggers, or people who enter my bar and ask my customers for donations to charity. Therefore, I have a big sign on the door of my bar which prohibits the entry of persons raising money for charity. Poppy Clarke owns and lives in the house next door to my bar. Poppy spends her free time raising money for the Ronald McDonald House charity.
Two months ago, Poppy entered my bar. I saw her wandering about talking to various customers before she sat down at one of the tables – refusing to order anything. Two hours later, Poppy had still not ordered anything, so I asked her to leave immediately. Poppy remained seated, so I told her what would happen if she did not leave. Poppy then began to scream and run towards the bar exit. In her haste to leave, Poppy was not looking where she was running. I thought that she was going to knock over one of my regular customers, Bob, so I pushed Poppy out of the way. Poppy stumbled, but continued running out of my bar.
During the time that Poppy had occupied one of my tables, I had to turn away a number of customers who wanted to eat and drink at my bar. Bob was not threatened, touched or harmed at all.
Poppy is complaining about her treatment at my bar and about my rubbish bins. Although the bins are not on her land at all, Poppy claims that every Thursday her driveway is blocked, when I leave my wheelie bins out for collection, and she can’t get her car in or out. She has complained to me about this before and I don’t intend for that to happen, but I have a lot of bins as those wheelie bins don’t take much rubbish. I think Poppy just doesn’t realise that times have changed. She bought her house in 1980 when there were no businesses, bars or restaurants in the area. There is no actual damage to Poppy, her land or any of her property.
Jay Rowland
February 2018
Your written advice will contain two parts:
PART A
You must address the following:
Therefore, as you work through ISAACs, you will need to: identify the elements and what issues might relevantly be raised on the facts of the client’s statement in relation to each element of an action, defence or remedy; state the law relevant to each element / issue; and apply it to the information provided to either: (a) reach a conclusion on each element / issue; or
Unlike exam or most tutorial questions, for the purpose of this assessment you should not “assume” that an element is satisfied, or does not require further clarification unless all the facts are clearly provided in the above statement. However, this does not mean that you can ‘make actions up’ or go off on wild tangents – the only actions and defences to consider are those that relevantly arise from the facts given.
Things to Note:
You may assume that:
PART B
Things to Note:
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