Assignment question 1
In the second reading speech for the Ellenbrook National Park (Restriction of Entry) Bill, the relevant Commonwealth Minister says :
“We have been concerned for some time that the Ellenbrook National Park which is on Commonwealth land, enjoyed each year by thousands of bush walkers, cyclists and family picknickers is being ruined by heavy traffic.
This legislation will restrict vehicular access to the Park so that the present users of the Park will continue to enjoy it in the years to come”
The Bill passes. The new Act carries the short title : “An Act to restrict traffic into the Ellenbrook National Park”.
Section 5 of the Act reads : “No vehicle shall be permitted entry to the Ellenbrook National Park”.
Mary, who has been cycling through the Park every weekend for the past 20 years, is refused entry with her bicycle by a Park Ranger the weekend after the Act commences.
Discuss whether the Ranger is entitled to restrict Mary’s entry to the Park.
Yvonne decided to leave her bag containing a notebook computer and other personal valuables at the Western Rail cloakroom. She paid $5 and received a ticket at the counter. Above the counter was a sign that read; ” See back of ticket for conditions”
On the face of the ticket was written a number, the date, opening and closing times and the words ” See back”. On the back of the ticket were several clauses, including one that said ” Western Rail will not be responsible for any package exceeding the value of $50″. When Yvonne returned and presented her ticket, her bag could not be found. She contends that the notebook computer is valued at $2500 and the personal valuables in the bag is worth $500.
A. Would Yvonne be successful in claiming the full loss of $3000 ?
B. Would your answer be different if Western Rail had allowed a third party to
claim Yvonne’s big and contents inside without producing a ticket for it ?
C. What if there had been no sign above the counter or on the face of the ticket
that directed her attention to the conditions on the back of the ticket ?
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