Commercial Law Assignment (BULAW5914) Federation Business School SUMMER SEMESTER 2015-6 DUE: FRIDAY WEEK 9 BY 9pm - MUST BE SUBMITTED ON MOODLE Purpose This is a significant task that requires forward planning and adequate time for research, reading and reflecting. It comprises 35% of your assessment in this subject. You should begin researching early to gather information and establish a plan as soon as possible. The purposes of the assignment are to enable you to: develop your law reading, research and writing skills; enhance your understanding of law as a dynamic process; learn how to independently research a particular aspect of the law; reflect on and consider particular legal issues; demonstrate understanding of the legal environment, including relevant laws as well as economic, ethical, social/cultural, international and political issues; develop your knowledge about the subject area of your research; demonstrate the ability to investigate, synthesise and analyse; communicate the findings in a formal piece of work and meet a deadline; enhance your analytical and written communication skills; and apply your legal skills. Your work must comply with the format outlined in the University's General Guide to the Presentation of Academic Work publication, available online at: http://federation.edu.au/library/assignment-and-research-help/referencing The total length of the assignment must not be more than 2,500 words; do not include the references or bibliography in the word count. Submission of the assignment is due in teaching week 9. Specific due date, time and procedure of submission will be advised by your lecturer. Please note that late penalties apply to assignments where no alternative arrangements have been made with lecturing staff (subject to the discretion of the course coordinator). CRICOS Provider No. 00103D (VIC); 01266K (NSW); 02235J (SA) Commercial Law Assignment (BULAW5914) Federation Business School Assignment Assessment Criteria You will be assessed on the extent to which you have: answered the set question; used good English expression, correct spelling, good punctuation and grammar and have proof read your work; used good logic and structure; been able to identify, set out and discuss relevant legal issues, legal principles and cases, as appropriate; used statutes and cases to support your arguments, as appropriate; analysed, argued or discussed as required by the task questions; and found, read and used other resources - note the library's law database resources available at http://libguides.federation.edu.au/c.php?g=14408&p=77324 and also note the Australian Civil Liability Guide which is available online at http://www.carternewell.com/page/Professional_Guides/Insurance__Australian_Civil_Liability_Guide_9th_edition/ Task Read: Paul Latimer, Australian Business Law (a 2012-2015 edition) 4-010 to 4-173; and 7-215. Watch the ABC Catalyst segment 'Energy Drinks' available (with transcript) at: http://www.abc.net.au/catalyst/stories/3826162.htm Questions 1. In relation to the energy drinks that were described in the segment, explain the basis of any liability in the tort of negligence that the manufacturers of those drinks might have to Australian consumers. Leave aside any question of the amount of damages, but in your answer refer to common law legal principles and (where relevant) to any relevant civil liability statute provisions that apply in your State. You should assume that the energy drinks were manufactured and packaged in Australia. (25 marks) 2. Can the Australian consumers of the energy drinks you considered in question 1 bring any Australian Consumer Law (ACL) cause of action under Part 3-5 against the manufacturers of those drinks? If so on what grounds could they bring such an ACL action and what defences might the manufacturers put? Again leave aside any question of the amount of damages. Also, you should again assume that the energy drinks were manufactured and packaged in Australia. (10 marks) CRICOS Provider No. 00103D (VIC); 01266K (NSW); 02235J (SA) Commercial Law Assignment (BULAW5914) Federation Business School SUMMER SEMESTER 2015-6 DUE: FRIDAY WEEK 9 BY 9pm - MUST BE SUBMITTED ON MOODLE Purpose This is a significant task that requires forward planning and adequate time for research, reading and reflecting. It comprises 35% of your assessment in this subject. You should begin researching early to gather information and establish a plan as soon as possible. The purposes of the assignment are to enable you to: develop your law reading, research and writing skills; enhance your understanding of law as a dynamic process; learn how to independently research a particular aspect of the law; reflect on and consider particular legal issues; demonstrate understanding of the legal environment, including relevant laws as well as economic, ethical, social/cultural, international and political issues; develop your knowledge about the subject area of your research; demonstrate the ability to investigate, synthesise and analyse; communicate the findings in a formal piece of work and meet a deadline; enhance your analytical and written communication skills; and apply your legal skills. Your work must comply with the format outlined in the University's General Guide to the Presentation of Academic Work publication, available online at: http://federation.edu.au/library/assignment-and-research-help/referencing The total length of the assignment must not be more than 2,500 words; do not include the references or bibliography in the word count. Submission of the assignment is due in teaching week 9. Specific due date, time and procedure of submission will be advised by your lecturer. Please note that late penalties apply to assignments where no alternative arrangements have been made with lecturing staff (subject to the discretion of the course coordinator). CRICOS Provider No. 00103D (VIC); 01266K (NSW); 02235J (SA) Commercial Law Assignment (BULAW5914) Federation Business School Assignment Assessment Criteria You will be assessed on the extent to which you have: answered the set question; used good English expression, correct spelling, good punctuation and grammar and have proof read your work; used good logic and structure; been able to identify, set out and discuss relevant legal issues, legal principles and cases, as appropriate; used statutes and cases to support your arguments, as appropriate; analysed, argued or discussed as required by the task questions; and found, read and used other resources - note the library's law database resources available at http://libguides.federation.edu.au/c.php?g=14408&p=77324 and also note the Australian Civil Liability Guide which is available online at http://www.carternewell.com/page/Professional_Guides/Insurance__Australian_Civil_Liability_Guide_9th_edition/ Task Read: Paul Latimer, Australian Business Law (a 2012-2015 edition) 4-010 to 4-173; and 7-215. Watch the ABC Catalyst segment 'Energy Drinks' available (with transcript) at: http://www.abc.net.au/catalyst/stories/3826162.htm Questions 1. In relation to the energy drinks that were described in the segment, explain the basis of any liability in the tort of negligence that the manufacturers of those drinks might have to Australian consumers. Leave aside any question of the amount of damages, but in your answer refer to common law legal principles and (where relevant) to any relevant civil liability statute provisions that apply in your State. You should assume that the energy drinks were manufactured and packaged in Australia. (25 marks) 2. Can the Australian consumers of the energy drinks you considered in question 1 bring any Australian Consumer Law (ACL) cause of action under Part 3-5 against the manufacturers of those drinks? If so on what grounds could they bring such an ACL action and what defences might the manufacturers put? Again leave aside any question of the amount of damages. Also, you should again assume that the energy drinks were manufactured and packaged in Australia. (10 marks) CRICOS Provider No. 00103D (VIC); 01266K (NSW); 02235J (SA) Commercial Law Assignment (BULAW5914) Federation Business School SUMMER SEMESTER 2015-6 DUE: FRIDAY WEEK 9 BY 9pm - MUST BE SUBMITTED ON MOODLE Purpose This is a significant task that requires forward planning and adequate time for research, reading and reflecting. It comprises 35% of your assessment in this subject. You should begin researching early to gather information and establish a plan as soon as possible. The purposes of the assignment are to enable you to: develop your law reading, research and writing skills; enhance your understanding of law as a dynamic process; learn how to independently research a particular aspect of the law; reflect on and consider particular legal issues; demonstrate understanding of the legal environment, including relevant laws as well as economic, ethical, social/cultural, international and political issues; develop your knowledge about the subject area of your research; demonstrate the ability to investigate, synthesise and analyse; communicate the findings in a formal piece of work and meet a deadline; enhance your analytical and written communication skills; and apply your legal skills. Your work must comply with the format outlined in the University's General Guide to the Presentation of Academic Work publication, available online at: http://federation.edu.au/library/assignment-and-research-help/referencing The total length of the assignment must not be more than 2,500 words; do not include the references or bibliography in the word count. Submission of the assignment is due in teaching week 9. Specific due date, time and procedure of submission will be advised by your lecturer. Please note that late penalties apply to assignments where no alternative arrangements have been made with lecturing staff (subject to the discretion of the course coordinator). CRICOS Provider No. 00103D (VIC); 01266K (NSW); 02235J (SA) Commercial Law Assignment (BULAW5914) Federation Business School Assignment Assessment Criteria You will be assessed on the extent to which you have: answered the set question; used good English expression, correct spelling, good punctuation and grammar and have proof read your work; used good logic and structure; been able to identify, set out and discuss relevant legal issues, legal principles and cases, as appropriate; used statutes and cases to support your arguments, as appropriate; analysed, argued or discussed as required by the task questions; and found, read and used other resources - note the library's law database resources available at http://libguides.federation.edu.au/c.php?g=14408&p=77324 and also note the Australian Civil Liability Guide which is available online at http://www.carternewell.com/page/Professional_Guides/Insurance__Australian_Civil_Liability_Guide_9th_edition/ Task Read: Paul Latimer, Australian Business Law (a 2012-2015 edition) 4-010 to 4-173; and 7-215. Watch the ABC Catalyst segment 'Energy Drinks' available (with transcript) at: http://www.abc.net.au/catalyst/stories/3826162.htm Questions 1. In relation to the energy drinks that were described in the segment, explain the basis of any liability in the tort of negligence that the manufacturers of those drinks might have to Australian consumers. Leave aside any question of the amount of damages, but in your answer refer to common law legal principles and (where relevant) to any relevant civil liability statute provisions that apply in your State. You should assume that the energy drinks were manufactured and packaged in Australia. (25 marks) 2. Can the Australian consumers of the energy drinks you considered in question 1 bring any Australian Consumer Law (ACL) cause of action under Part 3-5 against the manufacturers of those drinks? If so on what grounds could they bring such an ACL action and what defences might the manufacturers put? Again leave aside any question of the amount of damages. Also, you should again assume that the energy drinks were manufactured and packaged in Australia. (10 marks) CRICOS Provider No. 00103D (VIC); 01266K (NSW); 02235J (SA) Commercial Law Assignment (BULAW5914) Federation Business School SUMMER SEMESTER 2015-6 DUE: FRIDAY WEEK 9 BY 9pm - MUST BE SUBMITTED ON MOODLE Purpose This is a significant task that requires forward planning and adequate time for research, reading and reflecting. It comprises 35% of your assessment in this subject. You should begin researching early to gather information and establish a plan as soon as possible. The purposes of the assignment are to enable you to: develop your law reading, research and writing skills; enhance your understanding of law as a dynamic process; learn how to independently research a particular aspect of the law; reflect on and consider particular legal issues; demonstrate understanding of the legal environment, including relevant laws as well as economic, ethical, social/cultural, international and political issues; develop your knowledge about the subject area of your research; demonstrate the ability to investigate, synthesise and analyse; communicate the findings in a formal piece of work and meet a deadline; enhance your analytical and written communication skills; and apply your legal skills. Your work must comply with the format outlined in the University's General Guide to the Presentation of Academic Work publication, available online at: http://federation.edu.au/library/assignment-and-research-help/referencing The total length of the assignment must not be more than 2,500 words; do not include the references or bibliography in the word count. Submission of the assignment is due in teaching week 9. Specific due date, time and procedure of submission will be advised by your lecturer. Please note that late penalties apply to assignments where no alternative arrangements have been made with lecturing staff (subject to the discretion of the course coordinator). CRICOS Provider No. 00103D (VIC); 01266K (NSW); 02235J (SA) Commercial Law Assignment (BULAW5914) Federation Business School Assignment Assessment Criteria You will be assessed on the extent to which you have: answered the set question; used good English expression, correct spelling, good punctuation and grammar and have proof read your work; used good logic and structure; been able to identify, set out and discuss relevant legal issues, legal principles and cases, as appropriate; used statutes and cases to support your arguments, as appropriate; analysed, argued or discussed as required by the task questions; and found, read and used other resources - note the library's law database resources available at http://libguides.federation.edu.au/c.php?g=14408&p=77324 and also note the Australian Civil Liability Guide which is available online at http://www.carternewell.com/page/Professional_Guides/Insurance__Australian_Civil_Liability_Guide_9th_edition/ Task Read: Paul Latimer, Australian Business Law (a 2012-2015 edition) 4-010 to 4-173; and 7-215. Watch the ABC Catalyst segment 'Energy Drinks' available (with transcript) at: http://www.abc.net.au/catalyst/stories/3826162.htm Questions 1. In relation to the energy drinks that were described in the segment, explain the basis of any liability in the tort of negligence that the manufacturers of those drinks might have to Australian consumers. Leave aside any question of the amount of damages, but in your answer refer to common law legal principles and (where relevant) to any relevant civil liability statute provisions that apply in your State. You should assume that the energy drinks were manufactured and packaged in Australia. (25 marks) 2. Can the Australian consumers of the energy drinks you considered in question 1 bring any Australian Consumer Law (ACL) cause of action under Part 3-5 against the manufacturers of those drinks? If so on what grounds could they bring such an ACL action and what defences might the manufacturers put? Again leave aside any question of the amount of damages. Also, you should again assume that the energy drinks were manufactured and packaged in Australia. (10 marks) CRICOS Provider No. 00103D (VIC); 01266K (NSW); 02235J (SA) Commercial Law Assignment (BULAW5914) Federation Business School SUMMER SEMESTER 2015-6 DUE: FRIDAY WEEK 9 BY 9pm - MUST BE SUBMITTED ON MOODLE Purpose This is a significant task that requires forward planning and adequate time for research, reading and reflecting. It comprises 35% of your assessment in this subject. You should begin researching early to gather information and establish a plan as soon as possible. The purposes of the assignment are to enable you to: develop your law reading, research and writing skills; enhance your understanding of law as a dynamic process; learn how to independently research a particular aspect of the law; reflect on and consider particular legal issues; demonstrate understanding of the legal environment, including relevant laws as well as economic, ethical, social/cultural, international and political issues; develop your knowledge about the subject area of your research; demonstrate the ability to investigate, synthesise and analyse; communicate the findings in a formal piece of work and meet a deadline; enhance your analytical and written communication skills; and apply your legal skills. Your work must comply with the format outlined in the University's General Guide to the Presentation of Academic Work publication, available online at: http://federation.edu.au/library/assignment-and-research-help/referencing The total length of the assignment must not be more than 2,500 words; do not include the references or bibliography in the word count. Submission of the assignment is due in teaching week 9. Specific due date, time and procedure of submission will be advised by your lecturer. Please note that late penalties apply to assignments where no alternative arrangements have been made with lecturing staff (subject to the discretion of the course coordinator). CRICOS Provider No. 00103D (VIC); 01266K (NSW); 02235J (SA) Commercial Law Assignment (BULAW5914) Federation Business School Assignment Assessment Criteria You will be assessed on the extent to which you have: answered the set question; used good English expression, correct spelling, good punctuation and grammar and have proof read your work; used good logic and structure; been able to identify, set out and discuss relevant legal issues, legal principles and cases, as appropriate; used statutes and cases to support your arguments, as appropriate; analysed, argued or discussed as required by the task questions; and found, read and used other resources - note the library's law database resources available at http://libguides.federation.edu.au/c.php?g=14408&p=77324 and also note the Australian Civil Liability Guide which is available online at http://www.carternewell.com/page/Professional_Guides/Insurance__Australian_Civil_Liability_Guide_9th_edition/ Task Read: Paul Latimer, Australian Business Law (a 2012-2015 edition) 4-010 to 4-173; and 7-215. Watch the ABC Catalyst segment 'Energy Drinks' available (with transcript) at: http://www.abc.net.au/catalyst/stories/3826162.htm Questions 1. In relation to the energy drinks that were described in the segment, explain the basis of any liability in the tort of negligence that the manufacturers of those drinks might have to Australian consumers. Leave aside any question of the amount of damages, but in your answer refer to common law legal principles and (where relevant) to any relevant civil liability statute provisions that apply in your State. You should assume that the energy drinks were manufactured and packaged in Australia. (25 marks) 2. Can the Australian consumers of the energy drinks you considered in question 1 bring any Australian Consumer Law (ACL) cause of action under Part 3-5 against the manufacturers of those drinks? If so on what grounds could they bring such an ACL action and what defences might the manufacturers put? Again leave aside any question of the amount of damages. Also, you should again assume that the energy drinks were manufactured and packaged in Australia. (10 marks) CRICOS Provider No. 00103D (VIC); 01266K (NSW); 02235J (SA) This is a significant task that requires forward planning and adequate time for research, reading and reflecting. It comprises 35% of your assessment in this subject. You should begin researching early to gather information and establish a plan as soon as possible. The purposes of the assignment are to enable you to: develop your law reading, research and writing skills; enhance your understanding of law as a dynamic process; learn how to independently research a particular aspect of the law; reflect on and consider particular legal issues; demonstrate understanding of the legal environment, including relevant laws as well as economic, ethical, social/cultural, international and political issues; develop your knowledge about the subject area of your research; demonstrate the ability to investigate, synthesise and analyse; communicate the findings in a formal piece of work and meet a deadline; enhance your analytical and written communication skills; and apply your legal skills. Your work must comply with the format outlined in the University's General Guide to the Presentation of Academic Work publication, available online at: http://federation.edu.au/library/assignment-and-research-help/referencing The total length of the assignment must not be more than 2,500 words; do not include the references or bibliography in the word count. Submission of the assignment is due in teaching week 9. Specific due date, time and procedure of submission will be advised by your lecturer. Please note that late penalties apply to assignments where no alternative arrangements have been made with lecturing staff (subject to the discretion of the course coordinator). Assignment Assessment Criteria You will be assessed on the extent to which you have: answered the set question; used good English expression, correct spelling, good punctuation and grammar and have proof read your work; used good logic and structure; been able to identify, set out and discuss relevant legal issues, legal principles and cases, as appropriate; used statutes and cases to support your arguments, as appropriate; analysed, argued or discussed as required by the task questions; and found, read and used other resources - note the library's law database resources available at http://libguides.federation.edu.au/c.php?g=14408&p=77324 and also note the Australian Civil Liability Guide which is available online at http://www.carternewell.com/page/Professional_Guides/Insurance__Australian_Civil_Liability_Guide_9th_edition/ Task Read: Paul Latimer, Australian Business Law (a 2012-2015 edition) 4-010 to 4-173; and 7-215. Watch the ABC Catalyst segment 'Energy Drinks' available (with transcript) at: http://www.abc.net.au/catalyst/stories/3826162.htm Questions 1. In relation to the energy drinks that were described in the segment, explain the basis of any liability in the tort of negligence that the manufacturers of those drinks might have to Australian consumers. Leave aside any question of the amount of damages, but in your answer refer to common law legal principles and (where relevant) to any relevant civil liability statute provisions that apply in your State. You should assume that the energy drinks were manufactured and packaged in Australia. (25 marks) 2. Can the Australian consumers of the energy drinks you considered in question 1 bring any Australian Consumer Law (ACL) cause of action under Part 3-5 against the manufacturers of those drinks? If so on what grounds could they bring such an ACL action and what defences might the manufacturers put? Again leave aside any question of the amount of damages. Also, you should again assume that the energy drinks were manufactured and packaged in Australia. (10 marks)