Monash University
Faculty of Law
Semester 1, 2012

TORTS A (LAW2201) (Streams 1-4)
Optional Class Test

TEST DURATION: 50 minutes (including reading and writing time)

During the test, you must not have in your possession a book, notes, paper, calculator, pencil case, mobile phone or other material/item which has not been authorised for the test or specifically permitted as noted below. Any material or item on your desk, chair or person will be deemed to be in your possession. You are reminded that possession of unauthorised materials in an exam is a discipline offence under Monash Statute 4.1. Any student found guilty of having breached Statute 4.1 in respect of academic misconduct may be reported to the Board of Examiners for Admission to Practice.

No test papers or script books are to be removed from the room

AUTHORISED MATERIALS
CALCULATORS YES  NO
OPEN BOOK  YES  NO
SPECIFICALLY PERMITTED ITEMS  YES  NO

‘Open Book’ means a student is entitled to bring any specifically permitted items into the test for use during the test.
‘Specifically permitted items’ are legislation, books (including legal and general dictionaries), handouts, study guides and personal notes. Such material may be highlighted or annotated.

INSTRUCTIONS TO CANDIDATES

1. The duration of the test allows time for you to plan your answers, and you are strongly encouraged to do so.
2. The standard of expression, spelling, punctuation and grammar will be taken into account in the assessment of your answers in this test. Please note that it is your responsibility to ensure that your handwriting is legible.
3. Write your student ID number (but NOT your name), your lecturer’s name and stream on the cover of each answer booklet used. The following is a list of streams in this unit, together with the lecturer's name: Stream 1 – Karinne Ludlow Stream 2 – Gerry Nagtzaam Stream 3 – Janice Richardson Stream 4 – Gerry Nagtzaam
4. This test is worth 20% of the assessment in this unit.
5. This test consists of a single question (Question 1). Question 1 must be answered by all students.
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All students must answer Question 1.
QUESTION 1

Exhausted from a week of public speaking events, Noel checked into Pam’s Guest-house on Friday night. As he was checking in, Pam pointed out to Noel a sign saying that guests had to stay for a minimum of 2 nights. Noel finished checking in and went up the stairs leading from the reception area to his room on the second floor, for a good nights’ sleep. After he went to his room, Pam read through the personal details Noel had given. Pam realised that he was Noel Green, a well known opponent of equal rights for men and women. Pam immediately rang her friend, Alice, and arranged for her to come over the next morning, Saturday. They planned to humiliate Noel together by marking him with green glitter. They would then notify the press so photographs could be published of Noel marked with glitter as an opponent of equal rights.
The next morning, Noel strolled down the stairs and through the reception area on his way to the front door for a walk outside. Pam called him over to the front desk. As he approached the front desk Pam began loudly telling Noel how important equality was. This was the cue for Alice to sneak up behind Noel and sprinkle a bottle of bright green glitter over Noel’s hair. Noel was unaware of what was going on behind him but noticed that Pam kept glancing over his shoulder and nodding encouragement at someone behind him. Feeling nervous about what was going on behind him, Noel turned to see what was happening. Alice had, by that time, already finished sprinkling the glitter over Noel and had turned away.
Disturbed the whole event and upset by Pam’s words, Noel told Pam he was checking out. Pam, wanting Noel to stay until the press arrived and knowing Noel would not want any adverse publicity about being dishonourable in business dealings, reminded Noel that he had agreed to stay for