Topic

Contemporary Business Law

Instructions

This essay will be designed to test the student’s research skills and deal with a practical real life scenario in a commercial law context. The student will need to be aware of and have a good knowledge of the regulatory environment and common law.

The Question

A study of torts as they apply to business situations, in particular the torts of negligence and misrepresentation, but with some reference to other appropriate torts as applicable.

In your essay you are to demonstrate some research and reading on the following issues, and to make appropriate comment on different torts, with a reference to current examples from real life situations:

Explain the legal components of the torts of negligence and a misrepresentation. What steps need to be proved to show that either has occurred?
How might these two different torts apply to a business situation, eg considering the care and maintenance expected within a retailer’s premises where customers might visit, the quality and safety of goods and services supplied by a retailer/prover?
What care should be taken when giving advice or directions to customers, or even just members of the public?
What might be the consequences to a business of a situation where an injured or disgruntled client has suffered some loss?
What defences are available to a business where an individual is claiming to be injured, or has suffered loss, as a result of the actions of the business?
Whether there are any current or real life instances of business’s being liable for a tortious act?
Whether there is any role for statutory or public authorities who should be protecting the interests of Australian (or even non Australian) interests or parties.
How a consumer, member of the public, or any other party who is affected by the actions of the business, might take action against the business, and what they might expect to gain from that action?
What other torts, besides negligence and misrepresentation, which might also be applicable to the actions of a business.
To make any interesting observations regarding the application of tortious principles as they may apply in the business world.

Expectations

Students are to read text books, cases, search the internet for articles and commentary, and to follow the guidance of the lecturer in their research and reading.
Ensure your name and student number is clearly visible on your assignment.
Keep a copy of your work for your records.
Expression is important, and students should ensure that their essay displays appropriate clear expression and presentation.
Students must reference materials appropriately (statute and case law), and ensure that any materials that are cited, quoted or referred to, have appropriate attribution (ie footnoted and with adequate indication of the use of any author’s work). We will do some work on this in class.
Each presentation must be individual work and students must not copy another student’s work, or cut and paste work from books or the internet. Please be aware that plagiarism (the copying of someone else’s work) is not acceptable in any professional practice.
Please ask your lecturer for assistance if you are unsure about an aspect of this assessment.

Answer preview

A tort refers to a civil wrong which results to the claimant suffering harm or loss subsequently resulting to legal liability for the individual who commits the tortious act. Tort of negligence, on the other hand, arises in the event when one party breaches the duty of care that they owe to other individuals from the perspective of a sensible person, as established in the case of Donohue v Stevenson (1932) AC 562. However, there are certain elements that determine the liability of negligence and they include, first, it must be shown that the plantiff owed a duty of care via a special affiliation or some other principle.

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