ques 1:

Chrissie Duck is a Bachelor of Business graduate who has been successful in her application for a job as Market Research Analyst for a small firm called MSolutions owned by partners Chenile and Chenelle.

Chrissie enjoys working for the business and the company of her colleagues but begins to feel uncomfortable when some of them start to tease her about different aspects of her appearance. Chrissie asks her colleagues to stop the teasing, but they snigger and tell her "she should smile more". Chrissie speaks to her manager enquiring about workplace policy she should follow to register a complaint about her colleagues' behaviour. To Chrissie's horror, the manager informs her that the business does not have a policy which clearly outlines what is acceptable workplace conduct or how complaints can be made and then investigated. The manager does however agree to speak to Chrissie's colleagues and the teasing stops. Chrissie is concerned that without clear workplace policies the teasing could happen again and escalate to bullying.

Your email must address the following:

• Define the law of negligence outlining elements to be proven against a defendant for a successful claim
• Explain the relevance of vicarious liability to businesses such as MSolutions
• Describe the outcome of a successful negligence claim against a businesses like MSolutions
• Discuss the defences a business may raise against a negligence claim
• List some steps MSolutions can take to avoid a negligence lawsuit
• Cite and briefly describe a negligence case pursued through the courts in Australia which demonstrates the negative impact such claims can have on individuals and/or businesses like MSolutions

Task:Write an email on behalf of Chrissie to Chenile and Chenelle the owners of MSolutionsexplaining the common law of Negligence. Your email should explain why it is important for MSolutions to develop clear policies andactions to protect their employees from careless and harmful behaviour like bullying and harassment.

ques 2:

Australian Social media influencer Todd Marmashian posts the following message to 50000 followers:

todd_marmashian Ok so need to keep it real. I hate cooking but a recipe with three ingredients or less and I'm in. The Real Health Company Pre-prepared Meals are fantastic-easy, tasty, healthy meals cooked up in 15 minutes. Sold@FineSupermakets

#YumOnMyMind

The Pre-Prepared Meals mentioned in Todd's post retail at $20 each. Todd does notinclude the hashtags #sp, #ad, #PaidPromotion or #PaidPartnership in any captions, to indicate that the post is 'sponsored' or an 'advert' as part of a commercial arrangement he has with the business FineSupermarkets.Todd receives $2000 for each post promoting the Pre-prepared Meals. Todd uses social media to post another five messages promoting The Real Health Company Pre-prepared Meals without disclosing that he receives remuneration from FineSupermarkets for each post.

Todd receives complaints from some of his followers about his posts, but he does not think he has done anything wrong.

Task: Advise Todd whether his actions breach S18 of the Australian Consumer Law. Use a case reference to support your answer.