LAWS509 Wilson v New Brighton Panelbeaters Ltd Case Study Sample

Subject Code : LAWS509
University : Auckland University of Technology My Assignment Services is not sponsored or endorsed by this college or university.
Subject Name : Law

Legal Reasoning and Writing - Question 1

Cur adv. vult is the acronym of Curia advisari vult, it is used in the report of law. Its meaning in Latin is that the court is wanted to be counseled. It explains that the court is considering the decision and its significance.
This is the type of civil case so the respondent would appeal in the civil court for its further counseling.
It is a type of civil case because the civilians are involved in the case. The respondent and the repellent are the people that are
The Aitken Agencies Ltd v Richardson was binding on tipping j
The respondent won the case
Tipping used the primary source that he gone out with his family and described all the story and secondary source was that his Hillman was missing.
The issue is of trespass and conversion and the issue was that the court overlooked all the claims from TIPPING J. he was feeling depressed due to the result of District Court.
There was a trespass in the case of Kirk and Gregory 1 Ex D 55. Because the rings were stolen intentionally. And the stolen rings were the proof of trespass. The defendant was alarmed about the drinking and feasting of servants so that she tried a trick and trespass proved.

Legal Reasoning and Writing - Question 2

Issue

Brodie is the Student of engineering at AUT. She picks the wrong backpack after leaving the gym and heads to the plaza during lunchtime for lunch. She grabbed the sushi and took a seat in the plaza with new friends. After she has eaten, she comes to know that the backpack that she has is not hers. However, she finds the advanced textbook of engineering in the bag that has she is trying to get hold off for a couple of months. She wants the book for the upcoming exams and spends her whole afternoon reading a couple of chapters. Later she dropped the backpack to the gym backs but when she was doing, the owner of the bag named Frank gets in. Frank was furious as he has been looking for the bag all afternoon. He tells her that she has committed the legal wrong and she is liable for all the wrongs. The issue is that Brodie is concerned and worried about the case that what she should do in this circumstance.

Law

Two laws play an essential role in the case such as the tort of trespass and conversion. Both laws confuse because they both deal with personal property interference. The conversion happens when an individual alters or uses the belongings of others with the consent of owners. The degree of conversion is serious that person is accused of committing tort and this requires paying the property full value. The law of trespass is applied in the case as it occurs when the individual intentionally occurs some else property. At first, Brodie did not know about the backpack but when she knew that the bag did not belong then she should have returned the bag and asked permission from Frank to borrow the book for some days to read (FindLaw, 2020).

The trespass act is based on committing act without the justification of law and act of direct physical interference with property or goods that is in the possession of another person. This is the act of manhandling goods without his permission is tortious. The tort extent can be seen from the Kirk V Gregory in which the plaintiff was the estate executor of the man who died. He was the only person that has the authority over the goods of decreased. The sister in law of the deceased moved things from one place and when the rings went missing, she became responsible for the trespass of loss that occurred.

Similarly, a conversion act is based on complex series with wilful interference without the justification of law in a manner inconsistent with another person's right. Every individual is liable for the conversion who takes the other person's goods intending to exercise temporary or permanent domination. The initial act of possessing goods of another while it is trespass if it is performed without the justification of law and it will not be the conversion unless the person taking possession knows that he is infringing someone else property. The New Zealand case court is based on the tort of conversion in which the respondent took the van for the joyride without authority and was damaged while the case was submitted that the defendant has not committed the law of conversion (Avalos, 2019).

Application

In the given case, the tort of trespass is applied as it shows that the Brodie is liable for all the damages according to the law. Frank was worried the whole afternoon and did not found his backpack. She should go to Frank and admit the mistakes and tell him the truth about the whole case. This is based on unauthorized entry and damage that occurred from the trespass. She has done the legal wrongs by entering someone else bag. When she found out the misplacement, she should have gone to the gym and return the bad. The claim of trespass must be brought by the individual or person with the legal property interest.

Frank has the right according to the law depending on nature such as emotional distress, annoyance, and discomfort. Brodie should ask for forgiveness before this matter goes to the court and she is liable for the damages suffered by Frank. The negligence of Brodie is also analyzed in the case as she should have been careful in taking the backpack. None of this could have happened if she has taken the right bag. But now if she has taken the wrong bag so she should not have trespassed some else property (Mcmahon, 2018).

Conclusion

It is concluded that the case is studied and the law is applied according to the case. Frank should need to know about the trespass if no injury or damage is caused. Even if the Brodie did not cause any damage but trespass is committed by her and the negligence tort is done unintentionally. The defendant has intentionally interfered with well based on her circumstances. The act must be in the consent scope and various provisions allow the person to be responsible for entering some else belongings. Damages for the belongings should be following the principles in the case of loss. Thus, Brodie is held liable so she should ask for forgiveness and admit her mistakes otherwise, this problem can become bigger.

Legal Reasoning and Writing - Question 3

1. Breach of Confidence

Breach of confidence is the law established for securing the individual whose information is used by anyone who is sharing it with others. According to this law, the individual can report in the civil court for making its sensitive information secure. This law also prevents the information that anyone can use to benefit from the unfair method. There are some rules for detecting that the information was confidential. The information used by others is having the proper value of confidence. It should include proof that it can be seen as an obligation of confidence. The information used by the owner was with the unauthorized method (LegalMatch, 2020).

Hassan explained to Wade that the laptop has personal information, and he has no time to delete the files. So, you can take the data that you have to use for the liquidation. In this case, Hassan has given all the information about his data on the laptop. But Wade found it when he was working on the laptop. Wade shared it with the other authorities and to some friends. Wade intentionally has seen all the data and shared it with the others. Wade was enjoying the emails of Hassan with his wife and said to all that you will also enjoy the stuff. So, in this case, Hassan has all the proofs about the breach of confidence. Hassan can recover his damages by going to the court and can report the case.

Wade did all that Hassan can use for his claims. The information that Wade has shared can also be used as proof. The secret information was not shared unintentionally because a dialogue that Wade made on it was that I have enjoyed all the conversation and hope that you will also enjoy it. Wade has taken the benefit of having Hassan’s personal and sensitive information. Breach of confidence has different situations in which it can be implemented on the person who was involved. There could be government secrets, professional relationships, trade secrets, and private personal information. So, the case falls in the area of confidentiality (Anderson, 2015).

The next thing that was sensitive information about the health conditions of Hassan. He doesn’t want to share the information with others as he is at a big position in the company, and if the authorities know about the problems of health, they can replace his position of the job. All the quality of information, the obligation of confidence, and the use of information were unauthorized. Some remedies can be used when the breach of confidence is done. The information having damages, accounts of profit, destruction of infringing materials, and delivery of it. There is another remedy for it that is banning the disclosure of data that is not still disclosed. The law can be implemented if Hassan is consented to report it in court. The law will be implemented if it is the order of the court or legal duty.

2. Tort of Wrongful Publication

Hasan was the group of company directors that were placed in receivership. Wade was appointed in the company as a liquidator. His main role in the company was to maintain the business and collect and rearrange the information. The relationship between Wade and Hasan was not stable. Hasan gave the information and said there is personal information included in the laptop and he did not have time to delete them. He asked him not to go over his data. When reviewing the file, he came across the personal information and he opened them with great interest. He emailed the personal information to all his friends. Hasan was embarrassed when he learned about this from the mutual acquaintance.

The individuals can be sued for disclosing the private facts about the person, even if the facts about the person are true. The private facts term is based on the information about someone's personal life that is not revealed or disclosed to the public previously and the publication of which is aggressive to a sensible person. The individuals can sue based on private facts. Private information misuse is focused on human autonomy protection and dignity. The human rights act and the human rights European convention incorporation into domestic law. Private life aspects can be protected from unwanted intrusion. The cause of action related to the misuse and privacy of information (Hartshorne, 2015).

ECHR protects the rights of a person for his family and private life and correspondence. This act is based on the value attached by a society that enables individuals to pursue their own lives and to establish a relationship with others. Article 8 of the act covers the psychological and physical veracity of the person. It embraces aspects of personal social and physical identity. The remedy for the case in privacy is a sanction to restrain private information misuse. It is the acceptance that the privacy infringement cannot be compensated effectively by the award. The disclosure of the information is considered highly offensive in most of the circumstances in which it is private.

In this case, Wade has infringed on someone's property and broke the civil rights act. The practice of guidance plays an essential role and concerned in preceding that may restrain the publication information. Hasan needs to file the lawsuit and sue the Wade for disclosing his personal information and making fun in front of others. Hasan at first establishes that he has reasonable privacy expectation that takes account of all the case. This will include the claimant attributes and the activity nature in which the claimant was involved. The purpose and nature of the intrusion will be first discussed. Publishing images and videos is considered intrusive and results in the privacy claims numbers. The remedies are somewhat the same for the confidence duty breach such as an injunction, profit amounts, compensatory damages, and to prevent publication that the claimant may be interested in (Pinsent Masons, 2015).

Awards for the damages of private information misuse. The only realistic course, in this case, is to select the figure that an awful intrusion has taken place by severely damaged the other party. The sums awarded in the recent cases were very low but the Hasan needs to hire the civil practitioner that needs to be aware of all the situation and help him to claim that the Wade has intruded in his personal belongings and shared it with other people. 1997 of PHA provides the offenses of criminal as well as the claims on a civil basis. Several statues are available that protect the communication of individuals and privacy intrusion is referred to be criminalized. The act of court and criminal justice makes it an offense to reveal the films or photographs of a person without the consent of the individual and with the clear intention of causing great distress. Hasan must sue Wade according to the law and should get compensated according to the given remedies (Wilson, 2020).

3. Tort of Intrusion

Solitude Intrusion occurs when a person intrudes on another individual's private affairs physically. In the given case, if we assume that Wade did not send the personal information to his friends or official assignee but he read the personal information of Hasan and saved the number of e-mails to his personal computer. The solitude intrusion is based on intercepting and peeping the phone calls and e-mails of other people. Certain privacy aspects have been protected by the action causes like the breach of confidence, defamation, and copyright breach. The torts that are related to personal privacy include public disclosure of private facts, intrusion based on the solitude or seclusion of the plaintiff, or his personal matters and affairs.

The tort of seclusion based on an intrusion is subjected to liability to the property invasion if the intrusion and invasion are highly offensive to the particular or reasonable person. Hasan should file the complaint against the liquidator. The company policy does not involve trespassing another personal property. The conduct of Wade is reckless or intentional and he has invaded the private affairs without lawful justification. It is verified that the invasion claim only rises for significant and deliberate invasion. Some people are very concerned about their privacy or if the privacy is related to personal videos and pictures, then the appeal court acknowledges inclusion upon seclusion. The damages fall under the category of moral or symbolic damages and that the damages conventional rate is necessary to gain consistency, fairness, and predictability (Piper, 2012).

The claim elements of seclusion and intrusion are included that the defendant has intentionally invaded without authorization, the invasion is offensive, the invasion must include the private affair or matter, and the invasion must have caused the mental suffering. These all elements are found in the given case. This may take the physical trespass form based on private property and the court would consider this trespass if the information was highly sensitive. The second step is based on actions that give rise to the claim. The next element states that the intrusion has resulted in the mental suffering of the person whose privacy was intruded on. This suffering can result from anger or distress. The suffering degree will determine the damages that the person is entitled to (DMLP, 2020).

The torts that are applied in the case of Hasan requires remedies for personal invasion. Consent is the remedy and valid defense for the case course of action. It is liable when the intrusion of the defendant stays within the consented plaintiff. Hasan does not need to prove any kind of monetary loss or damages. Mental anguish and emotional distress are sufficient to prove the viable action course for the given case. There should be privacy in the legitimate expectation in the personal affairs and physical place for intruding on anyone’s seclusion. Plaintiff should demonstrate the area of sensory privacy or physical for getting success. For determining the offensiveness of the intrusion it has to be explained in the court that what circumstances were there. The court also demands the elaboration of the justification and motives of the intruder (Hartshorne, 2017).

All the websites made provide some privacy policies, if they commit an act of highly-offensive like the collection of information from the websites using fake tactics then this rule applies to those websites also. The remedies that the defender can use is to apologize and make attempts to decrease the damages. The next remedy depends on the decision the court, the terms that court applies for covering the damages of Hassan. If Wade apologizes for the damages that he made by invading someone else property, then damages can be lowered. Thus, the defendant's conduct is intentional and the court did not set any reckless behavior parameters. The court has set restrictions for the new tort and determining the intrusion is offensive or not the circumstances and motives of the intruder must be examined. The Wade is liable for all the damages and he should be held responsible.

References for Legal Reasoning and Writing

Anderson, R. R. (2015). The Compensatory Disgorgement Alternative to Restatement Third's New Remedy for Breach of Contract. SMUL Rev., 953.

Avalos, A. (2019). General Guidelines for the Conversion of Damages Calculated in Foreign Currency: Tort Claims. Journal of Forensic Economics, 28(1), 1-14.

DMLP. (2020, June 15). Elements of an Intrusion Claim. Retrieved from dmlp.org: https://www.dmlp.org/legal-guide/elements-intrusion-claim

FindLaw. (2020). Trespass to Land. Retrieved from injury.findlaw: https://injury.findlaw.com/torts-and-personal-injuries/trespass-to-land.html

Hartshorne. (2017). The need for an intrusion upon seclusion privacy tort within English law. Common Law World Review, 46(4), 287-305.

Hartshorne, J. (2015). An Appropriate Remedy for the Publication of False Private Information. Journal of Media Law, 93-115.

LegalMatch. (2020, April 23). Breach of Contract Lawsuit: Suing for Breach of Contract. Retrieved from legalmatch: https://www.legalmatch.com/law-library/article/breach-of-contract.html

Mcmahon, P. (2018). Trespass to Goods. Retrieved from mcmahonsolicitors.ie: http://mcmahonsolicitors.ie/trespass-to-goods/

Pinsent Masons. (2015, July 17). Misuse of private information. Retrieved from pinsentmasons: https://www.pinsentmasons.com/out-law/guides/misuse-of-private-information

Piper. (2012, November 20). The tort of intrusion upon seclusion. Retrieved from lexology: https://www.lexology.com/library/detail.aspx?g=bf6cb7e8-6e80-44ff-9868-5e05b8f39cda#:~:text=The%20intrusion%20upon%20seclusion%20tort,offensive%20to%20a%20reasonable%20person.

Wilson, K. (2020). Privacy and misuse of private information—an overview. Retrieved from lexisnexis: https://www.lexisnexis.com/uk/lexispsl/ip/document/393989/5DS5-S4G1-F18C-X077-00000-00/Privacy+and+misuse+of+private+information%E2%80%94overview

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