Reference no: EM131600610 , Length: word count:800
BUSINESS LAW ASSIGNMENT
This is a group assignment. Students are to group themselves to a minimum of 3 and a maximum of 5 students per group.
Instructions: Please read and re-read carefully to avoid mistakes.
1. Research on an Australian case on negligence from the list below (page 3).
2. Select the party you wish to represent - i.e. Plaintiff or Defendant. There is no need to choose both parties.
3. Read the original text of your case and understand it.
4. Group report: Write a report outlining the following:
a. Case introduction.
b. The facts of the case.
c. The issues raised by both plaintiff and defendant.
d. The arguments presented by both parties.
e. The judgment of the court.
f. Critical analysis of why the court decided in favour of or against the party you chose (i.e. plaintiff or defendant). Some points to consider for your analysis:
i. If your chosen party won the case, why was its case stronger or more compelling than the other party's case? Why did the court agree with its arguments?
ii. If your chosen party lost the case, why was its case weaker or less compelling that the other party's case? Why did the court disagree with its arguments?
5. Group report must be submitted via SafeAssign on Blackboard.
6. Group presentation: Present the report in class or video recording. Your lecturer will advise which is more appropriate.
a. If in-class presentation, all members must present on the day. If video presentation, groups must show to the satisfaction of the lecturer that all group members made a reasonable contribution to the group work.
b. Non-compliance with this requirement will result in a failing mark or a fail will be recorded.
7. Video link must be uploaded to a publicly-viewable video sharing platform (ex. Youtube, Dropbox, Google drive) and the video link uploaded on Blackboard.
Case: Annetts vs Australian Stations Pty Ltd
In 1987, a story about a 16-year-old boy gone missing in Western Australia, later found starving to death in the desert, shocking his parents and created a famous court case which is known as Annetts v Australian Stations Pty Ltd (2002). This report is going to provide a deep understanding of that law case, from the very beginning day of how it has happened until the last judgment were made, including facts and analysis, based on the plaintiff's point of view.
How it happened? (Facts)
Mr and Mrs Annetts allowed their son to work for Australian Stations Pty Ltd from August 1986. They believed that he would always be under adult supervisions and being well cared for (Allan, 2016). However, it turned out that the boy was working at another station without being supervised. That leads to his missing in December 1986, he was proved to be in great danger under his conditions. Mr Annetts was informed by the police by telephone and this shocking bad news shrunken him. It took the police and the applicant 4 long months to find his body in the desert. He had suffered from dehydration, exhaustion and hypothermia (CGBSpender, 2017). After that Mr Annetts was shown a photograph of a skeleton to confirm the identity of his son. Mr and Mrs Annetts, during the process of searching their son and after his body was found, suffered from psychiatric injuries.
About the court case
Mr and Mrs Annetts (as plaintiffs) sued Australian Stations Pty Ltd (as defendant) for all the psychiatric injuries and the distressing experience that they had been and are suffering from. According to Richardson (2017), psychiatric injuries is described as a psychological injuries, which the psychiatric illness expressions are identifiable, caused by acknowledging that the people concerned have had a physical or mental injuries. Other than that, the defendant also being remotely sued for not fulfilling the duty of care, the boy parents claimed that Australian Stations were supposed to supervise and take care of the boy at all time at the chosen property with 3 other boys. In fact, they sent the boy to another property and no longer supervised, no one knows when he left the property on a defective vehicle. The plaintiffs get an announcement of the boy's death from the police from a phone call, and it takes the police 3 months to find the body after his bloody hat was found. This situation is such a tragedy for the boy's parents, that is why this report is chosen to be on the plaintiff's perspective.
Attachment:- Assignment Files.rar