Recent Question/Assignment

TRIMESTER 2 - 2020
NAME Course Title
ID NUMBER Signature and Date
Sections Weighting Marks
1. One (1) problem case study with two (2) subsection questions Answer both question subsections 50% 20
2. Extended response Answer question 50% 20
TOTAL 100% 40
1. This is a Take-home exam. Text books, dictionaries and notes are allowed in the exam.
2. This is an individual exam. You must not speak to other students or look at others work.
3. Create a new word document and on top of the first page type your StudentID_First Name_Last Name_Lecturer’s Name_T2 2020.
4. Do NOT rewrite the question in your exam answers. Just write the number of the question.
5. The typed answers must need to be submitted in Turnitin in Moodle within the 24 hours of the given timeframe.
Section 1: Problem question (20 marks)
You are required to attempt the question below. This question is worth 20 marks and it is compulsory.
Peele is a member of the Australian wrestling team going to compete in the Wrestling World Cup (Taipei 2022). He has always been hopeful of one day becoming an Olympian in his chosen sport.
One afternoon, after a very successful training session, Peele and a team mate decide to go out drinking. It is late during the evening when they decide to head home, and Peele's team mate offers Peele a lift home.
Peele cannot remember how many shots of vodka he or his team mate had consumed but knows it was far too many to drive safely. They set off home regardless...
After a short time driving, Peele unbuckles his seat belt because he is uncomfortable. They approach a roundabout where another car belonging to pizza restaurant chain, Pizza Hood, is making a rapid entry from the left at excessive speed - Peele's team mate should have right of way.
The delivery driver had been told by his manager at Pizza Hood to hurry (because the pizzas were already late for delivery) and to -not worry about traffic rules- (because Pizza Hood would pay any traffic fines).
The Pizza Hood delivery car collides with Peele and his team mate causing both cars to suddenly stop. Peele is thrown out of the car through the front windscreen and suffers serious neck and back injuries. Peele is lucky to be alive but will never play any sport again.
Peele wants to claim compensation for the negligence of the delivery driver and/or Pizza Hood.
Q1a). (5 marks) Is it the delivery driver OR his employer (Pizza Hood) who is liable in negligence to Peele and his team mate? Explain your legal reasoning.
Q1b). (10 marks) Apply the steps to prove negligence with reference to the facts in the story above. Do not consider any defence/s to negligence for this part (b).
Q1c). (5 marks) Which defence to negligence might the delivery driver/Pizza Hood be able to claim against Peele? Make sure you explain your reasoning.
Section 2: Extended Response (20 marks)
You are required to attempt the question below. This question is worth 20 marks and it is compulsory.
Does the Australian business law protect vulnerable persons from disreputable business operators?
Write a response to answer this question
In your answer you should refer to examples from the below topic areas that we have studied in this unit: - Contract Law
- Australian Consumer Law (ACL)
Identify at least two (2) examples from the above topic areas, describe them, and analyse their function in relation to the above quotation. You can discuss as many examples as you feel necessary within the word limit (two examples is a suggestion, not a limit)
Word limit guide: approx. 800 words total (including references, bibliography, subheadings etc)
Remember that all exam answers will be put through Turnitin.

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