Btf 5903 Semester Two 2015 Legal Briefing Option D

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- That Siter’s anti-androgen medication reduced feelings of aggression and levels by reducing levels of testosterone by 99.5% in every patient tested.

- That the contract will last for a period of four years.

- That Siter’s medication was the result of extensive research.

On his release from prison X had attacked and violently assaulted several women including a young girl aged 14. Also in a media statement the Premier of Victoria has indicated that it would review its contract with Siter. He stated: “Siter had promised us this medication would be humane and it would work. It hasn’t so they have breached a contract and we will now take the appropriate action.”

QUESTION

The letter left to you by the solicitors from Maurice Blackburn indicates they are acting on behalf of the 14 year old girl who had been attacked. They are alleging Siter has been careless in the production of the anti-androgen drug, and that the medication is responsible for their client’s injuries, which include nervous shock as well as physical injuries. The letter indicates that there could be more legal actions if the other victims decide to initiate legal action. Finally, more bad news X has threatened legal action for his liver cancer and for damages because he is now in jail.

You are instructed to prepare a legal brief the management board of Siter explaining the legal risks faced by the company. Your boss also asks you to consider whether the Victorian government is entitled to review the contract, and whether they can terminate the contract because of the events above.

BONUS MARKS!!!

Each Option has an additional question where you can receive bonus marks - 10% or 2 marks. To earn these extra marks you complete a 200 word research question (these words are not included in the 2,500 word limit.) A research question means you’ll have to find the answer to this question yourself-they won’t be discussed in class. So go to the library, the internet, etc to find the answers.

If you choose not to complete the research question then that’s ok, it will not affect your mark out of 20. But if you choose to attempt the research question it is theoretically possible to obtain 22/20

Research task: What is a “class action”? How do you “prove” it?

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