Assessment Task – Tutorial Questions Assignment 1
Unit Code: HA2022
Unit Name: Business Law
Assignment: Tutorial Questions Assignment 1
Due: 11:30pm 15thMay 2020
Total Assignment Marks: 50 Marks
Purpose: This assignment is designed to assess your level of knowledge of the key topics covered in this unit
Unit Learning Outcomes Assessed:
1. Explain the various elements of the Australian legal system, such as the sources of Australian law, the jurisdiction of Federal and State Courts and the doctrine of precedent.
2. Possess a working knowledge of the tort of negligence, contract, consumer protection, insurance and employment law.
3. Apply legal knowledge to factual situations, through written and/or oral communication, to achieve a reasoned conclusion.
4. The ability to identify the relevant legal issues from a factual situation and the application of statute and case law involves the use of problem solving and decision making skills.
Description: Each week students were provided with three tutorial questions of varying degrees of difficulty. These tutorial questions are available in the Tutorial Folder for each week on Blackboard. The Interactive Tutorials are designed to assist students with the process, skills and knowledge to answer the provided tutorial questions. Your task is to answer a selection of tutorial questions from weeks 1 to 5 inclusive and submit these answers in a single document.
The questions to be answered are;
Week 1 Question (10 marks)
(Question 1.4 in the Pre-recorded Tutorial Questions)
Is the decision of a national sporting organisation such as the National Rugby League or the Australian Football League to suspend a player for an offence under the laws of the game a rule or a law? Discuss.
Week 2 Question (10 marks)
(Question 2.3 – Part A only in the Pre-recorded Tutorial Questions)
Explain the doctrine of binding precedent.
Week 3 Question (10 marks)
(Question 3.3 in the Pre-recorded Tutorial Questions)
Frank, a football lover, frequently attended games at his local ground. On one occasion the football was kicked into the stand where he was sitting, hitting him on the head and knocking him out of his seat, causing him to break his arm.
Part a) Can Frank sue either the local council or the football club, or both, in negligence for the broken arm that he received? Discuss. (6 marks)
Part b) what defences, if any, could the council or the club raise against Frank’s claim for compensation for the injuries he received, and would they succeed? Discuss. (4 marks)
Week 4 Question (10 marks)
(Question 4.2 in the Pre-recorded Tutorial Questions)
Explain what is meant by the expression ‘vicarious liability’, and describe what needs to be established in order for the plaintiff to succeed in such an action.
Week 5 Question (10 marks)
(Question 5.2 in the Pre-recorded Tutorial Questions)
Greta decided that it was time to sell her car. However, she was not certain of its value and so, when she advertised the car, she left out the price. When Sam responded to the advertisement, he asked for the price. Greta responded by saying, ‘Oh, I don’t know. I guess a fair price would be around a couple of thousand dollars’. When Sam arrived the following day with $2,000 for the car, Greta told him that she really meant $2500.
Does a contract exist?
The assignment has to be submitted via Blackboard. Each student will be permitted one submission to Blackboard only. Each student needs to ensure that the document submitted is the correct one.
Academic honesty is highly valued at Holmes Institute. Students must always submit work that represents their original words or ideas. If any words or ideas used in a class posting or assignment submission do not represent the student’s original words or ideas, the student must cite all relevant sources and make clear the extent to which such sources were used. Written assignments that include material similar to course reading materials or other sources should include a citation including source, author, and page number.
In addition, written assignments that are similar or identical to those of another student in the class is also a violation of the Holmes Institute’s Academic Conduct and Integrity Policy. The consequence for a violation of this policy can incur a range of penalties varying from a 50% penalty through to suspension of enrolment. The penalty would be dependent on the extent of academic misconduct and the student’s history of academic misconduct issues. All assessments will be automatically submitted to Safe-Assign to assess their originality.
For further information and additional learning resources, students should refer to their Discussion Board for the unit.