Discuss what financial compensation you offer Jocelyn

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Reference no: EM131956046 , Length: word count:1000

Company and Commercial Law Assessment

Scenario Melon's R Us

You are the risk manager of a melon farm grower, Melons R'Us which is located in New South Wales. You wake up on 3rd March 2018 to the following news on the radio.

Customer Warning

There has been an outbreak of listeria bacteria in New South Wales and Australia. Several people have fallen ill and are being hospitalised including some with serious illness who are in a critical conditions. Listeriosis can be caught from food containing listeria bacteria causing symptoms of high temperature, flu-like symptoms, vomiting and diarrhoea. Most people infected display no symptoms, but elderly and very young people are vulnerable.

When you are at work, you immediately start to investigate. You contact the authorities which inform you that there is indeed an outbreak and they are looking into the causes. To your dismay, the authorities indicate that the outbreak might be linked to melons. The authorities have been able to identify and interview the patients and all confirm that they have eaten sliced melon.

You decide to test your very popular product, the sliced melons and indeed, the test confirms that they are contaminated with listeria bacteria. Further investigation confirm that the product is sold wholesale but also via direct sale. You now have the following problems:

Jocelyn bought the melons directly from you at your shop in Victoria. She is a mother of three and pregnant with her fourth child. She is hospitalised and while her prognosis for her and the unborn child are good, she worries about the hospital bills and child care for her kids while she is in hospital.

1. Discuss what assistance/ financial compensation you would offer Jocelyn if you are taking your responsibilities under consumer guarantees, Part 3-2 Australian Consumer Law (ACL) and the associated remedies with this part into account. Use cases and statutes to support your recommendation.

Your sliced melons were bought by Yummy Stuff in Victoria. They have been contacted by one of their customer Arjun who had purchased and eaten the melons. He now does not feel that well and is seeking medical treatment. The doctor confirm that he has listeriosis and need medical attention albeit no hospitalisation. A few days off work, he is full time employed as an accountant for a big firm, and some medication should be fine.

2. Discuss what assistance/ financial compensation you would offer Arjun if you are taking your responsibilities under strict manufacturer liability, Part 3-5 ACL into account. Use cases and statutes to support your recommendation.

3. You start remembering your subject, 'Foundations of Company and Common Law' and the topics covered there. You decide to quickly and shortly sum up possible other legal risks that you might face. Take two other legal risks and explain how they might be applicable here.

IMPORTANT INSTRUCTIONS -

  • You will have to answer ALL questions. Be strategic with how many words you are writing for your answer to each of the questions. Look at the points available for those questions.
  • Make sure that you discuss any applicable legislative provisions and relevant case law if requested.
  • Please note that if the facts do not warrant a discussion of all the elements of a legal risk, only the relevant elements should be discussed.
  • Please do not question the facts of the scenario. There is also no need to discuss whether something can be proven or not.
  • Only answer the question you are being asked and restrict your answer to the parts of the law you are asked to look at! If you venture outside the areas you are specifically asked to look at, you will get '0' points for that discussion.

Need to write this assignment with some relevant case examples and Australian Consumer Law and Australian Competition and Consumer Commission also needed to be searched for the thing.

The assignment needed to be done in IRAC model. And if things can be done like

1. Introduction

1.1 Overview

2. Australian Consumer Law

2.1 Consumer Guarantee

Issue

Rule

Application

3. Manufacturer Guarantee

4. Other Risk

4.1 Contractual

4.2 Negligence

5. Conclusion

Attachment:- Assignment Files.rar

Reference no: EM131956046

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Reviews

len1956046

4/24/2018 7:04:06 AM

Total 1000 words. I need to write this assignment with some relevant case examples. And Australian Consumer Law and Australian Competition and Consumer Commission also needed to be searched for the thing. The assignment needed to be done in IRAC model. And if things can be done like 1.Introduction, 1.1 Overview, 2. Australian Consumer Law, 2.1Consumer Guarantee, Issue, Rule, Application, 3.Manufacturer Guarantee, 4. Other Risk, 4.1 Contractual, 4.2 Negligence and 5. Conclusion. No fuzz writing all the words and legislations and case examples taken from the book Law In Commerce 6th edition by Brendan Sweeney, Jennifer O'Reilly, Andrew coleman and with the assistance from Australian consumer law and ACCC. This link may be helpful to you very much.

len1956046

4/24/2018 7:04:00 AM

The mid-semester assessment is due on 29 at 17.00 pm. It can only be submitted online through TurnItIn. Note that the system does allow for earlier submission and resubmission until the due date! Assessment Value - This assessment task is worth 20% of your result in the unit. Style - The paper should be typed with 12 pt character – any fonts type - and 1.5 line spacing fully justified paragraphs and 3cm margins on A4 pages. Format - The first page is a title page which includes: your name; student ID; tutorial day & time; tutor’s name; and word count. This is to be followed by the first page of the assessment (numbered pg 1 – the title page is not numbered). Your assessment must be ONE document only, preferably in .pdf format, but acceptable as a .doc or .docx if you can't create a pdf. No other formats will be accepted.

len1956046

4/24/2018 7:03:55 AM

References and Research - Cases can be referred to by just using the parties names, i.e. Donoghue v Stevenson or its commonly used ‘nickname’ such as Snail in a Bottle. Make sure that we can identify the case though. Statutes can be referred to by their short name, i.e. Australian Consumer Law or ACL. No other references are needed or should be used. For example referencing powerpoints or the textbooks is not acceptable. The only acceptable sources for this assessment are the primary sources such as cases and statutes for this assessment.

len1956046

4/24/2018 7:03:48 AM

In short, you acknowledge that - The work is your own work. You have not previously submitted all or part of this work for assessment in any subject, unless the subject coordinator for the current subject (or your research supervisor, if applicable) has given you written permission to reuse specific material and you have correctly referenced the material taken from your own earlier work. You have read and agree to be bound by the Statutes, Regulations and Policies of the University relating to Academic Integrity and You may be subject to student discipline processes in the event of an act of academic misconduct by me including an act of plagiarism or cheating.

len1956046

4/24/2018 7:03:43 AM

Submission Details - The mid-semester assessment can only be submitted online through TurnItIn. Note that the system does allow for earlier submission. Penalties for Late Lodgement - The standard penalty for late submission of assessment tasks is 5% of the marks for that task for each delay in submission of a day or partial day up to a maximum of five (5) working days after the due date. Assessment tasks will not be accepted after the earlier of the following occurrences: The fifth (5th) working day after the due date; or Feedback on the assessment task has been returned to any student by the teaching team member.

len1956046

4/24/2018 7:03:37 AM

Fulfils the task and answers correctly. Identifies the salient case law or statutory law. Identifies the salient arguments for and against a position. Appropriate use of discipline specific language with sound understanding of the underlying concepts. Presentation format and style engaging and highly appropriate for the audience. Logical flow of ideas and content in the right sections. Coherence between and within sections.

len1956046

4/24/2018 7:03:31 AM

Title and headings are present, clear, reflect on and relate to each other. Thoughtfully evaluates alternative points of view. Draws justified conclusions based on clearly explained reasons. Please note that the marking criteria do not carry equal weight. Furthermore, some of them might not be applicable to a particular question. So they are only indicative as to how you went overall in the assessment task not a specific question.

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