Tom and the injured man on the roadside

Case Study: Tom and the injured man on the roadside

Tom had been out having a few drinks with friends and was driving home. While driving along a

poorly lit suburban street he notices a car swerving ahead of him and once he gets up to where the

car had been he notices a man lying on the side of the suburban road. Thinking that perhaps the

man had been hit by the swerving car he stops to see if he is alright. He decides to move him away

from the side of the road and places an arm around the man and attempts to move him. In doing so,

he slips and the man falls and hits his head on a stone, causing a nasty gash and loss of blood. Tom

dials 000 for an ambulance and waits until it arrives.

The paramedic who attends asks how the injured man got the nasty gash on his head which requires

stitches and Tom says that he slipped while carrying him to the side of the road to which the advised

him that that was not necessary as the man would have already been out of harm’s way and away

from traffic.

The injured man, who is not insured, is taken to hospital but subsequently finds out what Tom had

done and commences proceedings against Tom for recovery of damages of the cost of the surgery

for his gashed head.

Case study exercise:

Assess Tom’s chances of successfully defending this action for negligence on the basis of the Civil

Liability Act 2002 (NSW), taking account of the rules of statutory interpretation and the relevant

intrinsic and extrinsic materials supplied.

Word limit: 1000 words (10 percent allowance either way)

Guide to completing this task:

• Make yourself familiar with the principles of statutory interpretation.

• Assess all documents supplied, be it in intrinsic or extrinsic.

• Address all the issues raised in the case study and whether the documents provide you with clear

answers.

• Do not assume any particular facts or interpretations.

General criteria:

• Does your work show a good understanding of the relevant legislation?

• Have you constructed an argument of logically connected claims supported with evidence?

• Have you correctly cited appropriate references?

• Does the work demonstrate a high level of English Expression?

APA is the discipline’s standard style but the coordinator of this course is happy if you choose

another style, such as Harvard, so long as you are consistent in your style throughout the paper