Commercial Law
Assignment (BULAW5914)
Federation Business School
SECOND SEMESTER 2015
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 ¶4-220; and ¶7-215.
Watch the ABC Four Corners episode ‘The Walking Wounded’ available (with transcript) at: http://www.abc.net.au/4corners/stories/2014/05/26/4010089.htm Questions
1. In relation to the manufacture and supply of the ASR hip replacement joint by Johnson & Johnson, through its subsidiary DePuy Orthopaedics, explain the basis of any liability in the tort of negligence that those companies might have to Australian users of the ASR. 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. (15 marks)
2. Assume that in answer to question 1 you concluded that the ASR users are likely to have rights in the tort of negligence against the companies. How are the tort damages for those users calculated? In your answer refer to common law legal principles and (where relevant) to any personal injuries statutory damages caps that apply in your State. (10 marks)
3. Can the Australian users of ASR bring any Australian Consumer Law (ACL) cause of action under Part 3-5? If so on what grounds could they bring such an ACL action and who would they bring that action against? (10 marks)
CRICOS Provider No. 00103D (VIC); 01266K (NSW); 02235J
(SA)