Introduction to Business Law

Semester 2 2020

Research has shown that a person driving while under the influence of alcohol has a 50% higher chance of having a road accident

In response to this risk the Western Australian Government passed the Intoxicated Driving Act 2020 (WA) [a fictitious Act], section 16 of which provides:

16. No person shall operate a motorcar, truck, motorcycle or similar vehicle on a road, highway or other public thoroughfare while under the influence of alcohol.

Solomon had been celebrating his birthday with friends and had a lot of beer to drink. Although he had earlier driven his car to the venue he was concerned about driving so instead borrowed a bicycle to get home with. Unfortunately, as he was riding along the new Cottesloe bike path, Solomon was stopped and charged with a breach of section 16 by a Western Australian Police, Traffic Branch officer Shane, who had noticed Solomon was riding in an erratic fashion and clearly intoxicated.

Question: Using the four step process and the common law, purpose and ejusdem generis rules of statutory interpretation discuss whether Solomon is likely to be in breach of section 16.

Introduction to Business Law Assignment 1 Marking Criteria Rubric. Marks for the assignment will be awarded as per the following:

3 Marks Structure & presentation (1 mark) and referencing (2 marks) in accordance with guidelines.

16 Marks Discussion of relevant law including cases and legislation if relevant. This requires identification of the relevant law in the question, discussion of the appropriate legal issues (9 marks) and application of the law described to the facts of the problem in a logical, coherent manner (7 marks).

1 Mark Logical conclusion to the problem in line with the discussion and application already completed.

20 MARKS

Use this example below to answer the question

WARNING!!!

The following example relates to Statutory Interpretation as a subject matter BUT the 4 step process will be used for many areas of law in our course such as Torts, Contract etc. The 4 step process is a 'technique' only for answering problem questions.

4 Step Process example

Question

Assume that research has shown that a person using a mobile phone while driving has a 25% higher chance of having a road accident.

The W.A Parliament passes a law called the Use of Mobile Phones and Other Electronic Devices Act 2013 W.A. Section 14 of the Act says:

Section 14.'No person shall talk on a mobile phone when driving a motorcar, truck, motorcycle or similar vehicle'

Django is charged with a breach of section 14. While riding his bicycle to university one day he was listening to his girlfriend who had rung him on his mobile phone to tell him about her day.

He argues:

1. He was not talking on his mobile phone

2. He is not driving a motorcar, truck, motorcycle or similar vehicle

Using the rules of statutory interpretation and the four-step process, explain to Django whether he is breach of section 14 by discussing each of his arguments in turn.

Step 1 Area of Law: Common law rules of statutory interpretation

Step 2 Principles of Law: Students should discuss (in much more detail than here-cases should be explained as well):

Literal approach - define it. Fisher v Bell [1961]

Golden Rule - define it Lee v Knapp [1967]

Mischief rule - define it Smith v Hughes [1960]

Purpose Approach & Extrinsic material- define it Re Warumunga Land Claim (1988)

The Ejusdem Generis rule-define

Step 3 Application of the Law:

If the literal rule was applied, this would be the answer

If the golden rule was applied, this would be the answer

If the mischief rule was applied, this would be the answer

Under the Purpose Approach, this would be the answer

If the ejusdem generis rule is relevant, then it should be applied as well

Step 4 Conclusion: The result will differ depending upon which rule is applied.