T.C.Beirne All-In-One-Exam !!
At last, the T.C.Beirne School of Law is proud to present an assessment regime that truly judges your complete competency in law. Never again will you be able to cram Hedley Byrne v Heller, safe in the knowledge that you will never need to remember it again. Never again shall the rule in The Commonwealth v Amann Aviation be a mere trifle in your life. Never again will you need to remember a B or 2B pencil for one of those annoying multi-choice answer sheets. Law lecturers have always enjoyed concocting impossibly intricate hypothetical scenarios that raise an implausibly wide range of pressing legal questions…so why not take the trend to its logical conclusion?
Why not assess an entire law degree on the basis of a single question??
Obiter understands that UQ is set to become the first GO8 University to introduce an All-In-One Examination system. A single marathon exam will truly test your comprehensive understanding of the law, and leave the first three and a half years of your degree completely free for furthering the independent research goals of the School. And for drinking. What’s more, it will do away with the need for most electives altogether.
ALL-IN-ONE EXAMINATION (SAMPLE)
Scenario:
Charles is a fresh-faced final year law student, arriving for his one-and-only law exam. He arrives at university flustered and is unable to quickly find a park in the Green Zone, despite the Union having repeatedly promised more Green Zone parking spaces. He therefore drives into the multi-story carpark. He takes a ticket, which reads:
"UQ Multi-Story Carpark
No liability shall be entertained for any damage on these premises, whatsoever or howsoever caused.
Neither the Trade Practices Act 1974 (Cth) or any other legislation shall apply to any claim arising from this ticket."
Charles is in too much of a hurry to read the ticket, whose relevant conditions had only been added that day. He notices a big red sign with a pointy finger to this effect, but thinks nothing of it. As he climbs out of the car, he sees his friend Sarah. He hands her his law notes, saying “Hold this for a minute for me”. Sarah, however, takes fright from a large water buffalo walking past, and runs away, thinking that she will probably return the notes at some unspecified later point.
She engages the assistance of Bob to help her carry the notes. Bob intends to keep the notes, however. He also believes (wrongly, as it transpires) that a large red dragon is chasing him.
Charles starts walking to the exam, but realising that Sarah had his notes, he panics. In his distress, he hits a fellow student (Suri) over the head with a pencil, makes an obscene gesture at Reid, and proceeds in his panic to deliver a blood transfusion to a Jehovah’s Witness passing by (thus saving her life, and that of her unborn child).
It transpires that the parking ticket was printed on behalf of a subcontracted corporation by a seventeen-year old employee, who had no actual authority to do so. However, the Board of the company thought it was quite amusing, and celebrated by declaring a dividend to ordinary shareholders (but not preference shareholders, who included the company secretary).
A local indigenous group has for many years engaged in traditional activities near the carpark, and their presence is (regrettably) opposed by the relevant corporation, which (for no apparent reason) holds a pastoral lease over the relevant land. The Commonwealth Parliament responds by passing an Act designating the area ‘recognised indigenous land’, and purports to codify the common law development of native title in general. The Act also reserves without remuneration ten (10) free car spaces for local government officials. The officials work part-time for the Department of Defence. Australian forces are currently serving in Iraq.
For his indiscretions, Charles is hauled before the “University of Queensland Court”, a tribunal created under a special by-law for the purpose of hearing this case. The ‘Court’ comprises three Federal Court judges, a part-time Justice of the Peace and a well-tempered golden retriever. By a 2-2 statutory majority (the golden retriever not deciding), the ‘Court’ sentences Charles to death, ‘for having red hair’, and proceeds to redetermine the state’s electoral boundaries to ensure that the Democrats have a majority in the House of Representatives.
At that point, an American warplane flies over and, mistaking the scene below for a Taliban wedding, bombs the area. The new UQ-CSIRO biotechnology laboratories are struck, spreading germs across the border to a New South Wales potato farm. New South Wales statute imposes a $20 000 limitation of liability for cases of potato blight.
Question:
Advise every party on all of their rights and liabilities, under common law, statute, the Constitution and, where applicable, any rules of customary international law.
Do not consider issues of constructive trust, the definition of ‘Cur adv vult’, the rule in Foss v Harbottle or application to the Cocos (Keeling) Islands. Provide detailed discussion of all other issues arising. Include a feminist critique of your answer.
Permitted Time: 12 hours
