Essay Instructions: Torts Essay Question:
?Starting in 1990 or thereabouts, there were new developments. Far from being a dying cause of action, as some forecasts had envisaged, there was a re-awakening of interest in Wilkinson v Downton, as plaintiffs sought remedies for harassment, bullying and a variety of other forms of unpleasant conduct which lay outside the confines of trespass to the person, and the number of reported cases multiplied greatly.?
Peter Handford, ?Wilkinson v Downton: Pathways to the future?? (2012) 20 Tort Law Review 145 at 146.
Discuss whether the cause of action in Wilkinson v Downton offers a viable remedy to victims of intentionally inflicted psychiatric harm in Australia today. What limitations, if any, are inherent in the cause of action? Is there any doubt about the future of the cause of action in the High Court of Australia ? explain why this is or is not the case?
In order to answer the question you are required to read, consider and where appropriate, refer to the following sources:
- Wilkinson v Downton  2 QB 57
- Carrier v Bonham  1 Qd R 474;  QCA 234 (see Austlii)
- Wainwright v Home Office  2 AC 406;  UKHL 53
- Nationwide News Pty Ltd v Naidu (2007) 71 NSWLR 471;  NSWCA 377 (see Austlii)
- Giller v Procopets (2008) 24 VR 1 ;  VSCA 236 (see Austlii)
- Peter Handford, ?Wilkinson v Downton: Pathways to the future?? (2012) 20 Tort Law Review 145.
- Peter Handford, ?Intention, Negligence and some statutory conundrums? (2010) 18 Tort Law Review 140.
- Peter Handford, ?Wilkinson v Downton and Acts Calculated to Cause Physical Harm? (1985) 16(1-2) University of Western Australia Law Review 31 (see Austlii)
- Peter Handford, Peter ?Intentional Negligence: A contradiction in terms?? (2010) 32(1) Sydney Law Review 29 (see Austlii)
- Mark Lunney, ?Practical Joking and its Penalty: Wilkinson v Downton in Context? (2002) 10 Tort Law Review 168.
- Penelope Watson, ?Searching the Overfull and Cluttered Shelves: Wilkinson v Downton Rediscovered? (2004) 23 University of Tasmania Law Review 264.
- Christian Witting, ?Tort Liability for Intended Mental Harm? (1998) 21(1) University of New South Wales Law Journal 55 (see Austlii)
- S Wotherspoon, ?Resuscitating the Wilkinson v Downton Tort in Australia? (2011) 85 Australian Law Journal 37.
- D Lindsay, ?Casenote: Giller v Procopets ? Distress but no damages? (2004) 11(3) Privacy Law and Policy Reporter (see Austlii)
You must refer to the primary sources (cases/relevant legislation) and secondary sources (journal articles, reports etc) referred to above. It is strongly recommended these sources be based upon the Australian context. You will need to use the library?s databases in order to locate the relevant materials. It is NOT sufficient just to refer to textbooks. Google is NOT a research tool!
Essays must be 2000 words or less in length. Students must display an accurate word count on the title page of the assignment; approximate counts will not be accepted. Students will be allowed a 10% leeway either side of 2000 words.
Students who exceed the upper word limit will be penalised one mark for every fifty words in excess of the limit. Word limits do not include footnotes or the bibliography.
Footnotes and bibliography are essential components of the assignment. Correct referencing (in accordance with the Australian Guide to Legal Citation) is essential. http://www.law.unimelb.edu.au/files/dmfile/FinalOnlinePDF-2012Reprint.pdf
Marking: Each essay will be assessed out of 40.(see below for specific assessment rubric)
Torts Essay Evaluation Rubric
Poor Satisfactory Good Very Good Outstanding
- Knowledge and understanding of the topic?- Identification of relevant issues?- Identification and application of legal principles
- Appropriate use of relevant case law, legislation and secondary sources, especially the set sources.
Critical Analysis and evaluation
- Interpretation of task and introduction to assignment
- Engagement with set readings/sources
- Application of reasoning and research from recommended sources to generate appropriate responses
- Development of a logical and justifiable argument: a sustained thesis.
- Engagement in critical analysis; making reasoned choices amongst alternatives
- Conclusions supported by argument?- Individual perspective: insight and originality
- Structure of essay: logical organisation; good introduction & conclusion
- Was the question answered well?
Ethics and Professional Responsibility
- Recognition of perspectives of relevant stakeholders
- Evidence of self directed work, learning and organisation.
Written expression; grammar; syntax
Excerpt From Essay:
Total Pages: 4 Words: 1254 Sources: 4 Citation Style: MLA Document Type: Research Paper
Essay Instructions: Write a 4-5 page paper in which you:
1.Define one of the types of torts.
2.Describe the elements necessary to prove it and any defenses.
3.Research a real-life incidence of your chosen tort (for example, battery ? the 1991 Rodney King beating) and describe what happened (the background, how it fits into or meets the elements of the chosen type of tort).
4.Include the outcome of the case in the courts.
Your assignment must:
?Be typed, double spaced, using Times New Roman font (size 12), with one-inch margins on all sides; references must follow APA or school-specific format. ?Include a cover page containing the tile of the assignment, the student?s name, and the date. The cover page and the reference page are not included in the required page length.
Excerpt From Essay:
Essay Instructions: Microsoft Word, double spaced, 12 point, arial font, 1 1/2 inch left margin, 1 inch right margin, 1 inch top and bottom margins. Numbering bottom center of page. Outline of topic (Torts) and 1000 minimum word essay.
Customer is requesting that (Serban) completes this order.
Excerpt From Essay:
Essay Instructions: CBS News (January 16, 2003) reports that president Bush has renewed his proposal for tort reform. Speaking at University of Scranton, he proposed nationwide limits on jury awards in injury cases: no more than $250,000 for pain and suffering and a similar cap on punitive damages. Without the proposed limits Mr. Bush said, "excessive jury awards will continue to drive up insurance costs, will put good doctors out of business or run them out of our community and will hurt communities like Scranton, Pa. That is a fact". "The problem of those unnecessary costs do not start in the waiting room or the operating room. They are in the courtroom," Mr. Bush said in a speech in norheastern Pennsylvania, his 18 th trip as president to the politically important state. "Everybody''s suing, it seems like. there are too many lawsuits filed against doctors and hospitals without merit."
i WOULD LIKE THE WRITTER TO PREPARE AN EXAMPLE REPORT BASED ON THE FOLLOWING REQUIREMENTS: 1)SUMMARIZE THE PROPOSED PUBLIC POLICY 2) DESCRIBE THE IMPACT OF THIS NEW POLICY- WHO WOULD HARM, WHO WOULD IT HELP? (dESCRIBE WINNERS AND LOSERS) 3) dISCUSS LOBBYING EFFORTS aNALYZE THE LOBBYING ACTIVITIES IN FAVOR OF THE pRESIDENT''S TORT REFORM PROGRAM, AND THOSE WHO ARE AGAINTS IT? wHAT THEY ARE DOINF AND WHY? BE SPECIFIC AN CONCRETE ABOUT EXCACTLY WHO THE SUPPORTERS AND REFORMERS ARE - WHO BELONGS TO THESE GROUPS, WHAT THEY ARE SPENDING ETC.PLESE BE SPECIFIC WHILE CITING WHICH SOURCE IS USED AND WHERE ON THE MAIN BODY OF THE ESSAY
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