2019-04-22T10:23:53+00:00 sample questions

read and examine primary and secondary sources of law

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Purpose: This case note assignment seeks to develop your ability to: ● read and examine primary and secondary sources of law; ● analyse these sources and see how they all link together in a finished piece of legal writing; ● bring together ideas, apply and evaluate them in constructive and practical ways; and ● think and communicate clearly, through writing. 
Your task: Write a case note on ​ACN 087 528 774 Pty Ltd (formerly Connex Trains Melbourne Pty Ltd) v Chetcuti ​ [2008] VSCA 274. In your case note, you should focus on and critically evaluate the Court of Appeal’s discussion of the essential elements of the torts of assault and battery. In particular, the Court of Appeal held that: (1) assault required ‘[a] subjective intention on the part of the defendant that the threat will create in the mind of the plaintiff an apprehension that the threat will be carried out forthwith’ and ‘[t]he apprehension in the mind of the plaintiff must be objectively reasonable’; and (

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