Australian tort law- Problem Exercise

Australian tort law- Problem Exercise Order Description Referencing has to be AGLC. The task is below: Grace runs a hobby farm and small petting zoo in the Queensland town of Tellson. Parts of the farm are open to the public to allow them to enjoy the petting zoo and the grounds of her property which is well known for its sustainability ethos and quirky garden features. Entry is free to visitors with a valid entry ticket, which lists the conditions of entry. These are also repeated on various signs. The conditions include no smoking, no alcohol and no photography. Grace's friend Polly is a fellow hobby farmer who planned to go to New Zealand for two months. Polly thought that it would be great if Grace could take care of some of her rare breed "Sasifass" sheep while she was away. Polly's sheep are a genetic 'one of a kind' in Australia and produce very unique and expensive wool. Polly told Grace she would be on holidays for two months and would loan Grace 10 sheep to help graze the back paddock on Grace's property while she was away. One week after Polly left, Grace decided that, rather than allow them to graze in the far back paddock, the sheep would make a wonderful addition to her petting zoo and moved them in with the other animals. During a tour of the grounds, Grace caught Ethan drinking whisky by the eco pond looking through photos he had taken of the farm on his camera. Grace demanded that he leave, but Ethan shouted that he 'would be back because you can't stop me coming here'. This is not the first time Grace has had to ask Ethan to leave the grounds for drinking and taking photos. Some of Frank's highly prized bespoke-bred sheep were stolen a year ago. In the pub, Frank's drinking buddy Ethan showed him pictures of the new additions to Grace's petting zoo. He was shocked to see the sheep looked identical to his missing flock. Later that week, convinced that Polly's sheep were his, Frank snuck onto Grace's land in the middle of the night and loaded the 10 sheep from the petting zoo onto his small truck. Due to bad weather, Polly returned from her holiday after just one month. She told Grace she would collect the sheep the following day and was absolutely livid when Grace informed her they had, in fact, gone missing the day before. It has taken Polly a number of months to discover the whereabouts of her sheep. In the intervening months, Frank has successfully used three of the sheep in his breeding program. Yesterday Frank agreed to sell two sheep to his cousin who plans to exhibit them. Polly has called Frank and demanded he return her livestock within 7 days or she will sue him. Frank replies that he is waiting to hear from Biosecurity Queensland to verify he is the true owner of the sheep. Your firm has been engaged by Polly and Grace. Your senior partner has asked you to provide written advice to her on what Grace can do about Ethan and whether Frank has trespassed on Grace's land. You are also asked to provide advice on whether, and how, Polly might personally get her sheep back from Frank. advice identify the legal issues and relevant parties to each issue, discuss the applicable law and the legal consequences. Any legal actions and relevant defences to be discussed are confined to those covered in modules 3-6 of this unit. Remedies can be briefly mentioned or considered but should not form a large part of your answer. Do not provide advice on criminal or other legal actions possibly arising from the facts. As we do not explore the Personal Properties Securities Act in detail in this unit, for the purposes of this assignment please ignore any obligations/rights that may arise under the PPSA. Please note, Grace does not want advice on her legal rights or obligations regarding the sheep.

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