Assessment Task: Components of Private Law
1. Aims of Assessment Task
• to test your understanding of the different components of private law and how those different components have developed over time
• to test your capacity to develop and justify a legal argument
• to test your writing skills
2. Details of the Assessment Task
The Tasmanian Law Reform Institute has considered the issue of ‘problem hedges' (https://www.utas.edu.au/law-reform). In short, ‘problem hedges'refers to a situation where a neighbour plants trees or hedges which result in blocking the view or blocking access to sunlight of a neighbour. The hedges or trees may also provide privacy to the person planting. The Law Reform Institute has suggested that legislation be enacted to respond to this issue.
Your assessment task is to consider how, and if, private law should respond to this recent phenomenon called ‘problem hedges'. Which component of private law, if any, is capable of being expanded to provide a legal response to a person harmed as a result of the planting of a spite hedge? Should private law be expanded in this way, or is the problem of ‘spite hedges' better dealt with through legislation enacted by the state as proposed by the law reform institute?
Attachment:- problem hedges.rar