HA2022 Business Law – Tutorial Questions Assignment 1

Assessment Task – Tutorial Questions Assignment

Unit Code: HA2022 Unit Name: Business Law Assignment: Tutorial Questions Assignment (Individual) Due: Week 13 – Friday 26th of February, 2021 Weighting: 50% Purpose:

This assignment is designed to assess your level of knowledge of the key topics covered in this unit. Unit Learning Outcomes Assessed:

• Explain the various elements of the Australian legal system, such as the

sources of Australian law, the jurisdiction of Federal and State Courts

and the doctrine of precedent.

• Possess a working knowledge of the tort of negligence, contract,

consumer protection, insurance and employment law. Prepare, analyse,

and interpret transaction data and financial statements for data-driven

decision- making;

• Apply the legal knowledge to factual situations, through written and/or

oral communication, to achieve a reasoned conclusion.

• Develop the ability to identify the relevant legal issues from a factual

situation and the application of statute and case law involves the use of

problem solving and decision-making skills.

Description:

Each week students were provided with three tutorial questions of varying degrees of difficulty. The tutorial questions are available in the Tutorial Folder, for each week, on Blackboard. The Interactive Tutorials are designed to assist students with the process, skills and knowledge to answer the provided tutorial questions. Your task is to answer a selection of tutorial questions from weeks 3 to 11 inclusive and submit these answers in a single document.

 

 

 

HA2022 Business Law – Tutorial Questions Assignment 2

The questions to be answered are:

Question 1 (7 marks)

(Note this question is from the Week 3 Tutorial)

Required:

In assessing whether a breach of duty of care has occurred, reference is made to the standard of the “reasonable person”. Discuss how the reasonable person standard is regarded in law and the factors the courts take into consideration when judging the standard of care under both common law and in the civil liability reforms.

 

(Word Limit: Maximum 250 words)

Question 2 (11 marks)

(Note this question is from the Week 5 Tutorial)

The case of Carlill v Carbolic Smoke Ball Co Court of Appeal [1893] 1 QB 256; [1892] EWCA Civ 1 was a landmark case from the Nineteenth Century (C19th). A link to information on this case is provided below: https://www.australiancontractlaw.com/cases/carlill.html Refer to this case when answering the four (4) questions below, which are based on the following scenario:

 

 

It is March 2019. Tasmin who is very health conscious is shopping one day and sees in the local chemist a product called ‘Flu Stop’, manufactured by a company called ‘Sydney Flu Shop’. The advertisement for ‘Flu Stop’ states: “Flu Stop is a healthy alternative to the flu injection without needing to go to the doctor for a needle. We offer a money back guarantee and $5,000 to any person who contracts the flu within a reasonable time, after having used the Flu Stop every day for two months according to the printed directions supplied with each bottle. Proof of receipt of purchase is also required. $5,000 has been deposited at the National Australia Bank, Sydney for this purpose, showing our sincerity in this matter.” Tasmin doesn’t believe in vaccinations and doesn’t want to have a flu injection. The ‘Flu Stop’ costs $70.00. Tasmin buys the product. She follows the instructions for 2 months. In June 2019, after swimming at Icebergs in Bondi, Tasmin succumbs to a cold and then

 

 

 

HA2022 Business Law – Tutorial Questions Assignment 3

pneumonia. She was very ill and was hospitalised for several weeks. Tasmin contacts Sydney Flu Shop in September to claim her refund and the $5,000. Sydney Flu Shop refuses to pay.

Required:

Answer the following four (4) questions in relation to the case study outlined above. Base your answers on the Carlill v Carbolic Smoke Ball Co. case, as noted above. Provide appropriate explanations in your answers. 1. Was there a valid offer? (3 marks) 2. Was there valid acceptance? (3 marks) 3. What was the consideration? (3 marks) 4. Was there an intention to form legal relations? (2 marks)

(Word Limit: Maximum 500 words)

Question 3 (7 marks) (Note this question is from the Week 7 Tutorial)

Required: In order for a party to rely on an exclusion clause, what must they show? (Word Limit: Maximum 250 words)

 

Question 4 (7 marks)

(Note this question is from the Week 9 Tutorial)

Required: Discuss what is meant by the term ‘supplier of a service’? Name and briefly explain an example of a guarantee relating to services.

 

(Word Limit: Maximum 250 words)

 

 

 

HA2022 Business Law – Tutorial Questions Assignment 4

 

Question 5 (7 marks)

(Note this question is from the Week 10 Tutorial)

Required:

When taking out general insurance coverage, the insured party can choose between: market value, warranty of value, subject to average, or reinstatement or replacement. Explain the difference between each option noted above.

(Word Limit: Maximum 250 words)

Question 6 (11 marks)

(Note this question is from the Week 11 Tutorial)

Required:

Explain how a valid contract of employment may be created according to both common law and statutory principles governing contract law.

(Word Limit: Maximum 500 words)

 

Submission Directions: The assignment will be submitted via Blackboard. Each student will be permitted only ONE submission to Blackboard. You need to ensure that the document submitted is the correct one.

Academic Integrity

Holmes Institute is committed to ensuring and upholding Academic Integrity, as Academic

Integrity is integral to maintaining academic quality and the reputation of Holmes’

graduates. Accordingly, all assessment tasks need to comply with academic integrity

guidelines. Table 1 identifies the six categories of Academic Integrity breaches. If you have

any questions about Academic Integrity issues related to your assessment tasks, please

consult your lecturer or tutor for relevant referencing guidelines and support resources.

Many of these resources can also be found through the Study Skills link on Blackboard.

 

Academic Integrity breaches are a serious offence punishable by penalties that may range

from deduction of marks, failure of the assessment task or unit involved, suspension of

course enrolment, or cancellation of course enrolment.

 

 

 

HA2022 Business Law – Tutorial Questions Assignment 5

 

Table 1: Six Categories of Academic Integrity Breaches

Plagiarism Reproducing the work of someone else without attribution. When a student submits their own work on multiple occasions this is

known as self-plagiarism.

Collusion Working with one or more other individuals to complete an assignment, in a way that is not authorised.

Copying Reproducing and submitting the work of another student, with or without their knowledge. If a student fails to take reasonable

precautions to prevent their own original work from being copied,

this may also be considered an offence.

Impersonation Falsely presenting oneself, or engaging someone else to present as oneself, in an in-person examination.

Contract cheating Contracting a third party to complete an assessment task, generally in exchange for money or other manner of payment.

Data fabrication and

falsification Manipulating or inventing data with the intent of supporting false

conclusions, including manipulating images.

Source: INQAAHE, 2020 If any words or ideas used the assignment submission do not represent your original words or ideas, you must cite all relevant sources and make clear the extent to which such sources were used. In addition, written assignments that are similar or identical to those of another student is also a violation of the Holmes Institute’s Academic Conduct and Integrity policy. The consequence for a violation of this policy can incur a range of penalties varying from a 50% penalty through suspension of enrolment. The penalty would be dependent on the extent of academic misconduct and your history of academic misconduct issues. All assessments will be automatically submitted to Safe – Assign to assess their originality.

Further Information:

For further information and additional learning resources please refer to your Discussion Board for the unit.