Jurisprudence

Jurisprudence

Assignment 2 Question

Consider High Court’s decision in the case of Tame v New South Wales; Annetts v Australian Stations Pty Ltd (2002) 211 CLR 317 to find that the claimants, Mr and Mrs Annetts, were owed a duty of care in negligence by the defendants, Australian Stations Pty Ltd.

Please provide an analysis of how the claim-right possessed by Mr and Mrs Annetts maps onto the Hohfeldian incidents. This essay requires you to discuss the nature of Hohfeldian claim-rights, and to outline how claim-rights such as those possessed by the Annetts� fit together with the other types of Hohfeldian rights in a molecular conception of rights.

Please note the following instructions:
This assignment is due on 25 October 2016 (week 13) at 11:59pm and should be submitted on Blackboard via Turnitin (instructions how to submit your assignment via Turnitin will be posted on Blackboard);
The word limit for this assignment is 4,000 words (excluding references);
You must provide references consistent with the AGLC (AUSTRALIAN GUIDE TO LEGAL CITATION)
Your essay should be structured appropriately and clearly answer the question. You will be expected to analyse the question, conduct legal research using both primary and secondary legal resources, and present a satisfactory review of the relevant literature;
You must make reference to a minimum of 15 pieces of relevant academic literature and/or research.
The essay will be worth a total of 50 marks;
Marks will allocated according to:
The use of relevant literature and research;
The strength and clarity of your presentation of the various arguments contained in the literature;
The structure of your literature review, quality of your written expression and your referencing.
For more details regarding allocation of marks for this essay, please see the Essay Marking Guide on the following page.

Please also note: it is intended at this stage that the student who submits the best essay will be invited to combine their essay with ongoing research of mine on this topic, to be subsequently submitted for publication as co-authors to a prestigious journal in the area of legal philosophy

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