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BUS107 Commercial Law T2 2017 Assignment
A 1,000 (+- 10%) word assignment on a problem question to be submitted electronically via Turnitin by [Day], [Date] [Time] AEST
Assignment Question
Two friends, Rebecca and Michelle, attended a performance called ‘An Evening with Oprah’ with Oprah Winfrey. A ticketing issue at the box office caused the performance to be delayed by one hour so Rebecca and Michelle passed the time drinking wine together at one of the venues many bars.
After the performance, Rebecca realised that Michelle was too drunk to drive but accepted a ride home anyway. When Michelle started driving dangerously, Rebecca twice asked to get out of the car. Michelle continued driving and crashed the car. Rebecca sustained serious injuries including a broken leg. She now wishes to sue Michelle in negligence for her losses.
Advise Rebecca.
45 Marks
First issue:
For Rebecca to successfully sue Michelle in negligence she must prove that Michelle owes her a duty of care.
Second issue:
For Rebecca to successfully sue michelle she must prove that michelle owes her a breach of duty of care.
Third issue:
For rebecca to successfully sue Michelle she, must prove that michelle owes her remoteness.
Fourth issue:
Even if rebecca can prove that michelle was negligent michelle must be able to rely upon to defence of contributory.
Fifth issue:
Even if rebecca can prove that michelle was negligent, michelle must be able to rely upon to voluntary assumption of risk.
INSTRUCTION:
• Use IRAC (ISSUE, RULE,APPLICATION,CONCLUSION) guide
• Don’t just use the contract of law in books or website, you should elaborate what it means.
• 5 issues in every field al
• given so you should do the RULE, APPLICATION, AND CONCLUSION in every field.

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