LW304 Legal Drafting Assignment 1, 2025 | USP

Marking Criteria for this assignment:(Refer to the matrix below after the assignment instructions) 

1. All Students Must Submit Their Assignments Electronically on Moodle. This Will Automatically Require Assignments to be checked using Turnitin Plagiarism Detection Software. 

Assignments are to be submitted to the nominated online assignment box on the Moodle homepage on or before the due date. In Moodle, you will see a link [Submit Assignment] which you can use to submit your assignments. You must use the 'browse' button to select your assignment file and then hit the 'submit' button. It is important that you are logged in under your own account, as you don't get the opportunity to put your name in - it is taken from your login ID. After you have submitted your assignment online, you should re-check the assignment to ensure there have been no errors in transmission. Accurate and complete submission is YOUR responsibility! All assignments MUST be submitted in 'Word.doc' format. Please do NOT submit assignments in 'zip', encoded or password-protected format. Please also try to avoid the use of memory-intensive items in your assignments, such as photos, videos, graphics, etc. If you do not comply with this provision and the course co-coordinator is unable to access your work, it will NOT be marked. Students are reminded that the use of AI to complete an assignment is considered academic misconduct. 

2. Students are not required to submit plagiarism cover sheets - by submitting online, you are acknowledging that you know your assignment will be checked for plagiarism and AI use, and you will face consequences if plagiarism and/or AI use is detected. The policy on plagiarism & dishonest practice applies. Plagiarism will not be tolerated, and you will be given a zero. 

3. Stick to the word limit stipulated. Exceeding the word limit by more than 10% may result in loss of marks. 

4. The school of law treats late assignments as a serious matter. You need to learn to do things on time, because when you are a lawyer, you cannot file court documents or turn up for a trial late!

For each day that you are late, you will lose 5% of your total mark. If your assignment is more than seven (7) days late, then it will be given zero (0) and will NOT be marked. If you need an extension for a legitimate reason, such as illness, please contact the course coordinator immediately. Do NOT wait until after the deadline for the assignment has passed—it may be too late!

Scenario

On the evening of 12 June 2025, Mere Tui had just finished her day as Principal of Frangipani Secondary School. It had been a particularly stressful day, and she was feeling frustrated and tired. She had to do some shopping for dinner, and at 5 pm, she headed to her local supermarket, Island Fresh Mart, to do her grocery shopping. When she got into the store, she rang her husband, David, to talk about what she needed to buy for the house. 

She was venting about her day, telling him about all the parents who had such high expectations of what the school could do for their children, and she wasn't paying much attention to her surroundings. She was feeling so angry while she was talking and was walking quite quickly. As she entered the vegetable aisle, she slipped on a wet patch in the aisle. The floor had recently been mopped after a big spillage of milk, but there were no warning signs or barriers to alert customers. The tiled floor was extremely slippery when wet. Mere slipped backwards, and as she felt her knee twist badly, she put her hand out to break her fall and landed heavily. She felt her wrist snap - she knew immediately it was broken, and she was in extreme pain. She cried out, "Help me!". 

The store wasn't busy, so there wasn't anyone nearby who saw her fall. After a few minutes, a store employee came over and helped her up. She couldn't walk, so the store employee called an ambulance. She was taken to the hospital and diagnosed with a broken right wrist and a torn ligament in her knee. She had to undergo surgery because the injury in her wrist was so bad. She was in hospital for 2 days and advised that her wrist and knee injuries would take at least eight weeks to fully heal. As it was her right hand, she could not write or type. 

She has difficulty getting dressed and cannot do basic tasks around the house. She cannot put weight on her knee during her recovery period and therefore cannot go to work. She was advised to take eight weeks off work to recover and attend physiotherapy sessions twice a week. She is only entitled to two weeks of paid leave and must take the remaining time as unpaid leave. She has incurred significant costs as a result of the medical treatment and time off work. 

Mere has come to your law firm, Pacific Justice Advocates, located at 22 Coral Street, seeking advice on whether she can take legal action against Island Fresh Mart. During the interview with you, Mere admitted that she had been talking on the phone while walking in the store and did not notice the wet floor. She also mentioned that she was wearing old shoes with worn-out soles, which may have contributed to her fall. 

Your Task: 

You are a junior lawyer atPacific Justice Advocates. Draft a Letter of Advice to Mere Tui addressing the following: 

1. Legal Issues: Identify the potential cause of action and explain whether Island Fresh Mart may be liable for damages.