unit 2 AOS 2

Question 1

what is purpose of nuisance law

Answer 1

Focuses on violation of ones right to reasonable convenience and comfort in life

Question 2

identify the two types of nuisance law

Answer 2

Private nuisance

Public Nuisance

Question 3

Describe private nuisance

Answer 3

Act or omission which unreasonably interferes with individuals use and enjoyment of own land

Question 4

describe public nuisance

Answer 4

Act or omission which interferes with use comfort, enjoyment of land of a number of people

Question 5

What rights are protected under nuisance law

Answer 5

Right to enjoy ones own land

the right to move freely

The right to seek a remedy if rights are infringed

Question 6

3 Elements of nuisance law

Answer 6

Plaintiff has interest in the land/rights in relation to the land
e.g homeowner and tenant

The interference with the individuals land was unreasonable
e.g noise, dirt, pollution, dust

Plaintiff suffered loss
e,g material loss-property damage or psychological loss

Question 7

Defenses to nuisance law

Answer 7

Statutory authorisation- law allows for certain acts
e.g police officer, metre reader, postal workers

Consent- plaintiff provided defendant with permission to act in a certain way

Reasonable us of land-use of land not out of the ordinary, not at unreasonable time or day

Question 8

Identify the types of trespass

Answer 8

Trespass to person-assault-battery-false imprisonment

Trespass to goods

Trespass to property

Question 9

elements of assault

Answer 9

direct threat-spoken or actions

Knowledge of threat
reasonable fear

Question 10

Battery elements

Answer 10

Direct contact
intentional act
voluntary act

Question 11

False imprisonment elements

Answer 11

Total restriction- no reasonable means of escape

intentional

Restraining done by defendant

Question 12

Trespass to goods elements

Answer 12

Direct interference
Plaintiff in possession of goods
Intentional

Question 13

principle of justice fairness in relation to civil justice system

Answer 13

the ability to participate in the civil justice system; to be treated impartially; open proceedings

Question 14

principle of justice equality in relation to civil justice system

Answer 14

treating parties similarly; parties are of same status; if such treatment leads to disadvantage measures put into place

Question 15

principle of justice access in relation to civil justice system

Answer 15

To allow parties to engage in proceedings; to utilise the civil justice system to resolve disputes; to engage on an informed basis

Question 16

how does civil justice system address fairness

Answer 16

able to gain legal advice and representation
presence of independent, impartial third party
strict rules of evidence
possible jury

Question 17

how does civil justice system address equality

Answer 17

independent, impartial third party
each party opportunity to present case
each party can be legally represented

Question 18

how does civil justice system address access

Answer 18

multiple dispute resolution methods
multiple despite resolution institutions

Question 19

mediation

Answer 19

independent impartial third party Guides disputing parties
does not offer solutions nor make decisions
used by courts and VCAT

Question 20

conciliation

Answer 20

independent impartial third party can make suggestions, each disputing party has chance to present case
used in consumer affairs Victoria

Question 21

Arbitration

Answer 21

independent impartial third party, presides over disputing parties, allows parties to present case, more formal than mediation and conciliation, if no settlement reached third party impose a legally binding settlement
used in MC for claims up to $10k

Question 22

Judicial determination

Answer 22

independent impartial third party, elevated above parties, strict rules of evidence and procedure. Most formal method, legal rep needed due to complexity
used in MC hearing, CC and SCTD

Question 23

pros and cons of mediation

Answer 23

pros
parties reach agreement themselves-relationships maintained

cons
stronger party may intimidate weaker party, weaker party may overcompensate

Question 24

pros and cons of conciliation

Answer 24

pros
likely to abide by outcome, avoid costs and delays, suggestions provided

cons
might be too informal
non legally binding outcome

Question 25

pros and cons of judicial determination

Answer 25

pros
legally binding outcome
formality-ideal if power imbalance

cons
formality may be intimidating
costs e.g legal rep

Question 26

tribunals role as a disputing resolution institution and e.g

Answer 26

less formal and cheaper than courts
relatively quick
VCAT at vic level

Question 27

complaints body role as a disputing resolution institution and e.g

Answer 27

exist to assist those involved in civil disputes revolving possession of goods and services and work of professional or industry
e.g Consumer affairs Victoria

Question 28

courts role as a disputing resolution institution and e.g

Answer 28

institution of last resort
firstly determines liability then a remedy
judicial officers
e.g is MC