• April 15th, 2016

Australian property law assignment

Paper, Order, or Assignment Requirements

Australian Property Law assignment (plagiarism will not be tolerated)

In support of your answer, you cite a
statutory provision, a case, or commentary from the prescribed text, you must do so
by way of IN TEXT REFERENCING, rather than by end note or footnote. This means that, just
as in a formal, handwritten exam, you must incorporate the reference into the body of
your answer. In this respect it is permissible to include the reference in the sentence
itself (provided you do so grammatically), or at the end of the relevant sentence
proceeded by a colon, or after the sentence in parentheses.

Assignment Question
The facts of this question occur in NSW.
Garfield Wickbar has always been a lover of technology. Whenever a new
smartphone or gadget is made, he can be found queuing up outside the store overnight
in order to be the first to get it. In 2015 he reads in Wired magazine about a new
invention, called an Integrated Nano Communicator or “INC”. Once a person and an
INC are surgically connected, it enables the person to navigate using Global
Positioning System signals and the 4G network.
Garfield is desperate to buy an INC. After some online research, he is able to contact
its reclusive inventor, Rob Loblaw, and asks how he can sign up to become connected
to an INC. Rob explains that the INC is not yet ready for human connectivity as there
are a few glitches which need to be ironed out.
Garfield is horribly disappointed, but one night at his local pub, he gets talking to
Sonja Streetwize. Sonja is a medical doctor who runs a cosmetic surgery clinic. After
Garfield waxes lyrical about the INC, Sonja becomes very interested in the potential
for undertaking surgical connections between INCs and people.
The next day, Sonja contacts Rob and explains that she is interested in learning,
theoretically, how INC and human integration is achieved. Rob agrees that if Sonja
pays him a $50,000 hiring fee and signs a confidentiality agreement, he will loan her
the INC for six weeks. The hire contract simply specifies that at the end of the six
weeks, the INC must be returned.
Sonja then contacts Garfield, and says that for a fee of $500,000, he can be the first
person to achieve a connection with an INC. Garfield agrees, and willingly hands over
his life savings to Sonja. The procedure to connect an INC and a person is a timeconsuming
one. In order to ensure that the INC and person do not reject one another,
Sonja takes blood and tissue from Garfield and gradually adds them to the INC. This
occurs over a period of three weeks. Every second day, Garfield visits the clinic so
that his blood and tissue can be collected and added to the INC.
4
Finally, in an operation lasting several hours, Sonja excises a 3cm square piece of
flesh from Garfield’s shoulder and adds this to the INC. The following day, when no
adverse consequences appear to have developed, Garfield’s flesh and the INC are reattached
to his shoulder. Two weeks after this operation, Garfield appears to be
healing up well. He is delighted, and very happy with the INC’s performance.
Unbeknown to Garfield, however, one of the ‘glitches’ with the INC is that when a
person becomes attached to it, it will eventually take over the body’s functioning. Rob
suspects that this may have dangerous consequences for a person who is connected to
the INC.
After 5 weeks, Rob tries to contact Sonja to organise retrieval of the INC, but when
he visits, he finds the clinic closed and Sonja nowhere to be found. When Rob gets
back to his laboratory, he turns on his television and sees Garfield on Sunrise chatting
to Mel and Kochie about his incredible powers of navigation thanks to the INC.
In reference to these facts, answer the following questions:
Question 1 (20 marks)
Rob Loblaw comes to you for legal advice. He wants to know what causes of
action and remedies are available against Sonja and/or Garfield, and whether he
can regain the INC. In your answer, you need only refer to the prescribed
readings and lectures in Property and Trusts A.
Question 2 (20 marks)
Should Garfield Wickbar, or any part of him, be considered property? In your
answer, discuss the theoretical and ethical issues of property law raised by the
scenario, referring solely to the prescribed readings and lectures in Property and
Trusts A dealing with the nature of, and the justifications for, property.

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