Reference no: EM132801565

HA2022 Business Law - Holmes Institute

Learning Outcome 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.

Learning Outcome 2: Possess a working knowledge of the tort of negligence, contract, consumer protection, insurance and employment law. Prepare, analyse, and interpret transaction data and financial statements for data-driven decision- making;

Learning Outcome 3: Apply the legal knowledge to factual situations, through written and/or oral communication, to achieve a reasoned conclusion.

Learning Outcome 4: Develop 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.

Question 1

In assessing whether a breach of duty of care has occurred, reference is made to the standard of the "reasonable person". Discuss how the reasonable person standard is regarded in law and the factors the courts take into consideration when judging the standard of care under both common law and in the civil liability reforms.

(Word Limit: Maximum 250 words)

Question 2

The case of Carlill v Carbolic Smoke Ball Co Court of Appeal [1893] 1 QB 256; [1892] EWCA Civ 1 was a landmark case from the Nineteenth Century (C19th).

Refer to this case when answering the four (4) questions below, which are based on the following scenario:

It is March 2019. Tasmin who is very health conscious is shopping one day and sees in the local chemist a product called ‘Flu Stop', manufactured by a company called ‘Sydney Flu Shop'. The advertisement for ‘Flu Stop' states:

"Flu Stop is a healthy alternative to the flu injection without needing to go to the doctor for a needle. We offer a money back guarantee and $5,000 to any person who contracts the flu within a reasonable time, after having used the Flu Stop every day for two months according to the printed directions supplied with each bottle. Proof of receipt of purchase is also required. $5,000 has been deposited at the National Australia Bank, Sydney for this purpose, showing our sincerity in this matter."

Tasmin doesn't believe in vaccinations and doesn't want to have a flu injection. The ‘Flu Stop' costs $70.00. Tasmin buys the product. She follows the instructions for 2 months. In June 2019, after swimming at Icebergs in Bondi, Tasmin succumbs to a cold and then

pneumonia. She was very ill and was hospitalised for several weeks. Tasmin contacts Sydney Flu Shop in September to claim her refund and the $5,000. Sydney Flu Shop refuses to pay.

Required:

Answer the following four (4) questions in relation to the case study outlined above. Base your answers on the Carlill v Carbolic Smoke Ball Co. case, as noted above. Provide appropriate explanations in your answers.

1. Was there a valid offer?

2. Was there valid acceptance?

3. What was the consideration?

4. Was there an intention to form legal relations? (Word Limit: Maximum 500 words)

Question 3
Required:

In order for a party to rely on an exclusion clause, what must they show?

(Word Limit: Maximum 250 words)

Question 4
(Note this question is from the Week 9 Tutorial)
Required:

Discuss what is meant by the term ‘supplier of a service'? Name and briefly explain an example of a guarantee relating to services.

(Word Limit: Maximum 250 words)

Question 5
(Note this question is from the Week 10 Tutorial)
Required:

When taking out general insurance coverage, the insured party can choose between: market value, warranty of value, subject to average, or reinstatement or replacement. Explain the difference between each option noted above.

(Word Limit: Maximum 250 words)

Question 6
(Note this question is from the Week 11 Tutorial)
Required:

Explain how a valid contract of employment may be created according to both common law and statutory principles governing contract law. (Word Limit: Maximum 500

Attachment:- Business Law.rar