Find

Find

Search for over 200,000 study notes and past assignments!

Swap

Swap

Download study resources by swapping your own or buying Exchange Credits.

Study

Study

Study from your library anywhere, anytime.

5 Pages Complete Study Notes Year: Pre-2021 Previously uploaded under: LAWS108 - Law, Lawyers and Society

You are a solicitor in NSW working for yourself in a small suburban practice. You have been approached by Parking Bonanzas Pty Ltd to assist them in their debt collection. Parking Bonanzas makes significant income every year from “parking fines” that they issue in private car parks. These private car parks operate in retail stores and shopping complexes. Parking Bonanza gives no clear indication that a parking ticket is needed, and then sticks a $66 or $88 notice on vehicles that don't display one. The confusing part for drivers is that the parking is generally free for an hour or two and there are no boom gates or ticket machines at the entrance – but you still need to display a ticket. Parking Bonanza understands that they have no rights to “fine” motorists. They would therefore like to use your law firm to send out claims for “liquidated damages”* to any driver who has received a ticket in their car park. They want you to use their stationery design. This is a form that has been designed to look like an official fine, however the wording on the document describes the fee as a “claim for damages.” The manager of Parking Bonanza has told you that they have run a similar operation with great success in Western Australia. Over the course of one year in WA they collected $458,000 in fines. In addition to sending out fines in the mail, they would like you to appear in the Local Court whenever a person refuses to pay the claim. In their experience, the majority of times that they make a small claim, the defendant does not appear in court and judgment is entered for Parking Bonanza. If the defendant does appear, then Parking Bonanza would like you to advise the defendant that they will forgive the debt. In this way, none of their revenue raising tactics will ever be scrutinized by the Court. Parking Bonanza has estimated that your firm will reap significant income from the debt collection and they are prepared to enter into a retainer exclusively with your firm for the next five years. You are not sure whether you should accept this offer and decide to use the QLD model of Ethical Deliberation to make a decision.


This document is 25 Exchange Credits

More about this document:

This document has been hand checked

Every document on Thinkswap has been carefully hand checked to make sure it's correctly described and categorised. No more browsing through piles of irrelevant study resources.

This is a Complete Set of Study Notes

Complete Study Notes typically cover at least half a semester’s content or several topics in greater depth. They are typically greater than 20 pages in length and go into more detail when covering topics.

What are Exchange Credits?

Exchange Credits represent the worth of each document on Thinkswap. In exchange for uploading documents you will receive Exchange Credits. These credits can then be used to download other documents for free.

Satisfaction Guarantee

We want you to be satisfied with your learning, that’s why all documents on Thinkswap are covered by our Satisfaction Guarantee. If a document is not of an acceptable quality or the document was incorrectly described or categorised, we will provide a full refund of Exchange Credits so that you can get another document. For more information please read Thinkswap's Satisfaction Guarantee.

Academic Integrity
Studying with Academic Integrity

Studying from past student work is an amazing way to learn and research, however you must always act with academic integrity.

This document is the prior work of another student. Thinkswap has partnered with Turnitin to ensure students cannot copy directly from our resources. Understand how to responsibly use this work by visiting ‘Using Thinkswap resources correctly’.

Claim a Bounty

Task 2: Ethical Problem - Page 1
Page 1 /5
Page 1 /5

Similar documents to "Task 2: Ethical Problem" avaliable on Thinkswap

Documents similar to "Task 2: Ethical Problem" are suggested based on similar topic fingerprints from a variety of other Thinkswap Subjects

Browse MQ Subjects

University

High School