A Chronic health condition requiring the administration of a replacement hormone

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In 2004, Karen and Jacob met at a university in Sydney, where Karen qualified as a doctor and Jacob as a mechanical engineer. Frances, the youngest of their six children, was born with a chronic health condition requiring the administration of a replacement hormone five times per day. If the hormone is withheld for any reason, those who suffer from the condition can experience irritability, sudden changes in behaviour, hunger, dizziness, shakiness, seizures, sweating, unconsciousness, headache, confusion, and poor coordination.

Karen, Jacob, and their children frequently attended their local place of worship, dedicating much of their spare time to volunteering at the community’s meeting place. Over a decade, they became close to three families, all of whom regarded themselves as more dedicated to their spiritual movement than other, less committed, attendees of their gatherings.

In 2020, instigated by the head of one of these families, the self-styled ‘zealous ones’ left the wider spiritual community to form their own splinter group, which held secret meetings in Karen and Jacob’s family home on the Central Coast. It was during these daily gatherings that Karen and Jacob’s beliefs in the ‘Higher Power’ — and a distrust of Western medicine and healthcare professionals — became increasingly entrenched. Karen and Jacob paid their final visit to the specialist doctor who had treated Frances since birth at the end of 2021.

In early 2022, a week after Frances’s sixth birthday, the four families relocated to a commune in regional NSW, where they intended to devote much of their time in service to the ‘Higher Power’. The day after they arrived at the commune, Frances experienced bouts of dizziness and sweating. Her parents attributed this to the stress of the relocation and trusted that the ‘Higher Power’ would heal her. However, Frances’s symptoms did not subside. Within 24 hours, Frances lost consciousness and was bedbound. Karen and Jacob, supported by the head of the community, sat at Frances’s bedside for four days, ceaselessly asking the ‘Higher Power’ to heal her.

As soon as Frances had clearly stopped breathing, a member of the community grabbed the communal telephone and called for an ambulance, which arrived at the site one hour later. On arrival, the paramedic on board administered CPR to Frances, whose heart had stopped. However, unknown to anyone present at the scene, Frances had developed osteoporosis, a condition that had weakened her bones. The paramedic’s compressions fractured Frances’s sternum, triggering an internal bleed. Frances succumbed to her injuries within ten minutes. Immediately overcome with regret, Karen tried to revive her child, to no avail.

Specialists later found that Frances had not been given her replacement hormone since the family’s arrival at the commune one week earlier.

Examine Karen’s liability for Frances’s death under s 18 of the Crimes Act 1900 (NSW)

A Case Manager at the Dodgy Human Services Agency (DHSA)

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Assessment 1: ACWA Code of Ethics Scenarios You have been appointed as a Case Manager at the Dodgy Human Services Agency (DHSA). The Agency’s values are “Client-Centred, Compassion, Integrity, Dignity and Inclusivity.” The DHSA is facing an audit of their service delivery practice by their funding partner. Your Line Manager, Sally, has asked you to ensure that the DHSA is compliant with the ACWA ethical guidelines.

She knows that as a member of the Australian Community Workers Association (ACWA) who graduated from EQUALS International, you will have learnt how to interpret the ACWA’s ethical guidelines.

“Check us out,” Sally says, “and let me know what we are doing right, what we need to improve on, and anything that needs an urgent fix.” The good thing about joining a small agency was that there was going to be plenty of work for you to do. Already, on your first day, you had been handed three ongoing cases that you were to take over.

 

For each of the following scenarios, identify actions, behaviours, processes and/or procedures that are:

a) Compliant with ACWA’s Code of Ethics

b) Potentially problematic or non-compliant with ACWA’s Code of Ethics

c) A breach of ACWA’s Code of Ethics

For each aspect you identify, link it directly to one or more sections of the Code. Where you note a problem or urgent fix required, suggest an improvement, supported by the Code. You must also describe how the Agency’s values are or are not reflected in the scenario.

 

Scenario-1: You don’t use Facebook vary much but Alice sent you a Friend request and, wanting to be a good colleague, you accepted it. Now you keep seeing pictures of Alice’s weekend partying! One picture surprised you because Betty is one of the people on the dance floor with Alice. When you ask her about this on Monday, she says she ran into Betty at the club and didn’t see any harm in being friendly.

Scenario-2: Alice had bright pink hair, prominent tattoos, and a booming voice. She always seemed to be at the centre of any discussions around the office. Alice had been case managing Betty who needed to find stable accommodation sometime in the next two weeks.

She doesn’t have time to meet with you so gives you a quick update on her way out of the office when you meet her in the reception area. Betty tells you, “The problem is that Betty is on drugs and has a Magistrate hearing for theft next month.

Nobody wants to give her accommodation.” You look around, and notice that some clients waiting in the Reception area seem to be watching you. You hope they don’t know who Betty is.

An Equal share of the estate

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Katie is suing her sister Mimi over their mother’s will which left everything to Mimi, including the lake house that has been in their mother’s family for 2 generations. Katie wants to have the will declared invalid and the estate goes into intestacy, essentially allowing Katie to receive an equal share of the estate.

Katie’s lawyer Nicole is taking the case under the following arrangement: If Katie wins, Nicole will be paid 1/3 of whatever Katie inherits from the estate.

The house was used in the summers, as were most such cottages since they were built in the 1950s. Just looking at the cottage gives the impression that it is not worth much money.

However, because of recent infatuation over lakefront property as promoted by TV shows on networks such as HGTV, the property is now estimated at worth over $1M.

Katie believes her mother, who suffered from Alzheimer’s disease was not in her right mind when she executed the will. Mimi claims that her mother knew what she was doing when she executed the will as their mother’s illness had not advanced to the stage of leaving her incompetent.

Ultimately, Katie is hoping to force a sale of the lake property so she can get the cash. Is this type of fee agreement/arrangement allowed under the rules?

Explain your answer fully.

Examine Jacqueline’s Liability for involuntary manslaughter

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Examine Jacqueline’s liability for involuntary manslaughter. Jacqueline is a qualified homeopath. Her five-year old child, Talia, has been diagnosed with asthma. Rather than follow the medical specialist’s advice to treat her child with inhalers and nebulizers, Jacqueline places Talia on a high antioxidant and low protein diet.

When Talia’s condition deteriorates over five days, with consistent coughing and wheezing, Jacqueline withdraws all solid foods from Talia’s dietfive-year-old and feeds her liquidized vegetables. Talia does not respond to the treatment. She dies two days later from a severe asthma attack.

 

Review of The Evidence Act 2006

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Using reference from the Second Review of the Evidence Act 2006 (NZLC R142, 2019) The admissibility of improperly obtained evidence is governed by section 30. The section applies to all evidence offered by the prosecution at trial. When a judge finds that evidence has been improperly obtained the judge must consider whether its exclusion is proportionate to the impropriety.

This must be done by a balancing process that “gives appropriate weight to the impropriety and takes proper account of the need for an effective and credible system of justice”. A non-exhaustive list of factors is included in section 30(3) and these may be taken into account by the judge in the balancing process.

 

Section 30 (3) Factors:

There is currently a degree of uncertainty as to how the section 30 test is to be applied, particularly in relation to the weight, interpretation and application of the relevant factors listed in section 30(3).

We are considering whether the Act should be amended to provide more guidance in this area, for example by clarifying: whether the centrality of evidence to the prosecution case is a relevant factor favouring admission; how the “seriousness” of an offence is to be determined and whether this factor favours exclusion or admission; whether the availability of alternative techniques favours admission or exclusion; and whether the absence of alternative techniques has any bearing on the section 30(2) balancing exercise.

 

These issues also raise a broader question as to whether section 30 should provide more prescriptive guidance as to its application, or whether a degree of indeterminacy in the statute is necessary in order to accommodate the necessarily fact-specific and evaluative nature of the section 30 balancing process.

 

What are the issues regarding section 30 of the evidence act, in particular section 30(3) and why it raises uncertainty and should be amended?

The Email correspondence and invoice

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In this matter, I am instructed to advise whether the email correspondence and invoice provided by Coastal Decking Co create a binding contract between them and Second Hand Rose, and to

advise Second Hand Rose of her legal rights and liabilities.

 

I have structured my memorandum of advice as follows:

 

Legal Issues

Summary of Advice

 

Conclusion

 

Legal Issues

1: Whether there is a binding contract between Coastal Decking Co and Second Hand Rose.

 

In order for there to be a binding contract, there must be an offer and acceptance of that offer. This notion was clearly established in the case of Gibson v Manchester City Council (1979).[1]House of Lords strongly reasserted that agreement only exists when there is a clear offer mirrored by a clear acceptance.[2] An offer is an expression of willingness to contract on certain terms, made with the intention that it will become binding as soon as it is accepted. Precedent stood in the case of Balfour v Balfour (1919)[3] where the agreement made between the spouses held to be not binding.

[4] The intention to make a legal contract was not made in the case of Balfour v Balfour (1919)[5] but in this case, Second Hand Rose and Coastal Decking Co made clear intent to make a legal binding contract. Second Hand Rose requested a quote providing the measurements and what she required and Coastal Decking Co provided a quote and expressed what other things they can do. Until this point, there was no binding contract created between the two parties. One party asked a question and the other answered the question.

 

This has been seen in the case of Harvey v Facey (1893)[6] where the lowest sale price was asked by Harvey and Facey merely answered, the privy counsel stated that “the agreement as alleged by the appellants did not denote a concluded contract”[7] as only mere information was passed between Harvey and Facey.

This can be said for this situation, the price provided by Coastal Decking Co was a direct answer to Second Hand Rose’s question. The following emails between the two parties denotes the beginning of the formation of a legally binding contract. Second Hand Co sent a follow up email which provided the terms and conditions of the company which outlined the requirements.

Coastal Decking Co provided the terms and conditions prior to commencing the work. Although the previous email sent by Coastal Decking Co at 5:01pm implied that they will remove previous coating and apply their proprietary sealant as well as the deck refresh within the $1500 quoted originally, they did however provide the terms and conditions to Second Hand Rose in the following email.

 

This counteracted any confusion as to what they will do within the $1500 initially quoted price and made clear what will cost extra if they were to also perform those extra tasks outlined in the terms and conditions.

Coastal Decking Co made a clear offer and Second Hand Rose made a clear acceptance. When Coastal Decking Co sent the email with the terms and conditions, and advising of the booking, they directly made an offer. Second Hand Rose had then responded with their address, which denoted the acceptance of the offer made by Coastal Decking Co. This is a very clear and simple transaction between both parties and an evident legally binding contract.

 

 

2: Whether Second Hand Rose is liable to pay Coastal Decking Co $5500

 

for the services provided and whether they can claim any damages for the damage to the deck.

 

Contractual Obligation is a duty to perform or pay the terms and conditions agreed upon within a contract. A breach may incur, when one of the parties failed to perform the task which they are liable to do so. In this sense, the aggrieved party may invoke damages and unenforceability of a contract and have the contracted voided.

 

For this contract to be considered unenforceable, one or more of the following needs to be founded:

  • That there was undue influence when he/she entered the contract
  • That the execution of the contract is dependent on future events or matters.
  • That there was a mistake in the agreement
  • That there was fraud or misrepresentation done by the other party.

 

The contract between two parties is valid. It is evident in the exchange of emails

 

between Second Hand Rose and Coastal Decking Co, that there was a bargaining and

 

meeting of minds that happened between them. It is unfortunate, that Second Hand

 

Rose did not read the terms and conditions sent to them by Coastal Decking Co before

 

they indicated acceptance of the offer, by sending their address. Due to this negligence,

 

they did not have knowledge of the complication that may happen with the

 

performance of Coastal Deck’s services. Therefore, negligence by Second Hand Rose

 

unfortunately, does not suggest this contract to be considered as unenforceable, nor are

 

the above-mentioned conditions of an unenforceable contract being met.

 

The case of Pacific Hill vs Duggan[8], highlights that a contract may only be considered

 

unenforceable when an execution was done by a party even if there was no agreement

 

between them. The court stated, “future determination is not feasible, and it contradicts

 

the meeting of minds essence in the requirement of a contract,”[9] this exclaimed that

 

contracts can be voided if there is an uncertain future for the results of the contract or

 

outcome. Second Hand Rose had all the information provided and if they had only read

 

the terms and conditions, they could have taken necessary steps to avoid the extra

 

charges or had re-negotiated the price or the service which they required, or to meet

 

their budget. Second Hand Rose made and error on their part, and were negligent in not

 

reading Coastal Deck Co’s terms and condition which was already provided prior to

 

any work being commenced. The terms and conditions had clearly mentioned the tasks

 

they do, and the tasks they charged extra for. They also mention clearly that they are not

 

liable for any damage caused during the process. Unfortunately, a claim of damages for

 

the damages caused on the deck in unsubstantiated.

 

 

Summary of Advice

1. Second Hand Rose and Coastal Decking Co have a legally binding contract.

 

The contract has been formed meeting all conditions for a sound contract, both offer, and acceptance have been made and an agreement has been established.

2. Second Hand Rose is liable to pay for the invoiced amount and does not have a valid claim for the damage caused to the deck.

 

Negligence on the part of Second Hand Rose does not constitute a contract void, nor could the contract be deemed unenforceable. The terms and conditions were provided by Coastal Decking Co prior to any work commencing and the fact that Second Hand Rose did not read them is solely Second Hand Roses’ burden.

Conclusion

After assessing all relevant information, it can be determined that Second Hand Rose did have a valid contract with Coastal Decking Co. Unfortunately, not having read the terms and conditions provided, Second Hand Rose have acted in a negligent manner which in turn has caused them distress. This has no reflection on Coastal Decking Co, although the original communication implied that the deck refresh, removal of previous coating and the application of the proprietary sealant would be completed within the $1500, this ambiguity was extinguished by the attached document outlining the terms and conditions. The liability to fulfill the terms of the contract lie on both Second Hand Rose and Coastal Decking Co. Coastal Decking Co have fulfilled their obligations and performed the required works which were needed for the deck. Unfortunately, Second Hand Rose’s liability stands with regards to the overpriced invoice. Second Hand Rose can not claim for any damages for the damage which had occurred to their deck.

 

 

 

 

Kind regards,

 

James Carter

Graduate Lawyer

BIBLIOGRAPHY

 

 

A Articles/Books/Reports

 

 

B Cases

  • Gibson v Manchester City Council [1979] 1 All ER 972

 

  • Balfour v Balfour [1919] 2 KB 571

 

  • Harvey v Facey [1893] AC 552

 

  • Park Lane Hotel Ltd v Maginnis [1945] AC 89

 

  • Pacific Hill vs Duggan [Civ. No. 19428. First Dist., Div. One. Feb. 5, 1962.]

 

 

C Legislation

 

D Other- Websites, Newspaper Article

 

 

[1] Gibson v Manchester City Council [1979] 1 All ER 972

[2] ibid

[3] Balfour v Balfour [1919] 2 KB 571

[4] ibid

[5] Balfour v Balfour [1919] 2 KB 571

[6] Harvey v Facey [1893] AC 552

[7] ibid

[8] Pacific Hill vs Duggan [Civ. No. 19428. First Dist., Div. One. Feb. 5, 1962.]

[9] ibid

A uniformed police officer is dispatched to a Bank robbery

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Miranda  A uniformed police officer is dispatched to a bank robbery. Upon arrival, John Smith is already under arrest by the detectives for committing the robbery and shooting the guard. He is placed in the back of the officer’s cruiser. During the drive back to the station, Smith yells out, “I am so sorry I shot him!” One month later, the officer is called to testify about Smith’s statement. Smith’s defense attorney argues that the officer failed to read him his Miranda rights. Consider if his statements are admissible given the fact he was not read his Miranda Rights prior to making them.

 

A. Imagine yourself as the judge presiding over this case. Clearly and accurately evaluate the constitutional parameters that emerged from the Miranda decision. How has this case influenced the practice of law enforcement?

 

B. Describe your ruling for the bank robbery case, citing the Miranda case. How did Miranda influence your decision‐making process?

Proposals to annul the marriage

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Tom and Mary have a baby and are still married because Mary opposed any proposals to annul the marriage believing that marriage was for life and in any case, she needed the financial support Tom could provide. Ever since they got married Mary has been trying to modernize Tom.

She believes that marriage should be a partnership of equals and that there should be a sharing of tasks and responsibilities. Nevertheless, she expects Tom to provide the money to pay for food and things for the baby.

Tom resents this as he knows that Mary spends money on cigarettes and does not work as hard as she could growing vegetables for the family or keeping the house clean. He suggests that it would be better if he went to the north of the island where they are recruiting laborers to build a new airfield.

Mary agrees but does not want to stay with Tom’s parents while he is away. Tom points out that they cannot afford to live anywhere else and they have an argument. Tom hits Mary. She threatens to report him to the police so he leaves. She does not hear from him for three weeks and when she does it is only to tell her he is sending her some money through and she is to go to the bank to collect it.

He tells her he has a job on the construction project and she is to remain with his parents until he returns.

After two months Tom returns for the weekend. He insists on having sex with Mary even though she says she does not want to because she is tired out from looking after the baby. After two days, Tom leaves again, having bought new clothes for the baby and some new things for the house. He says he will send Mary a money transfer each pay day. After a further six weeks no money has come through.

Advise Mary – use the applicable laws from fiji jurisdiction.

What Ethical obligations does a lawyer have to his or her current clients?

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What ethical obligations does a lawyer have to his or her current clients? What are some of the reasons lawyers can face discipline for providing poor client service?

  1. How does legal representation of a corporation differ from representation of an individual?
  2. Why should a lawyer research prospective client?
  3. In what circumstances may a lawyer disclose confidential information provided by a client?
  4. What are some examples of inappropriate solicitations of potential clients?
  5. When should a lawyer fire a client?
  6. Can a lawyer represent a fired client’s opponent in a lawsuit?

Contracting parties

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“Contracting parties will typically make statements to one another during the process of discussions. However, if such statements are inaccurate or misleading and have the effect of luring the other party into entering into the deal, the aggrieved party may have a legal recourse.”

Critically assess this assertion with reference to primary and secondary sources. You may address aspects which include the following:

  • The definition, scope and characteristics of misrepresentation.
  • The core requirements of misrepresentation.
  • The remedies available in respect of misrepresentation.