Reference no: EM131533789

Commercial Law Assessment Task

Purpose

This is a significant task that requires forward planning and adequate time for research, reading and reflecting. It comprises 35% of your assessment in this subject.

You should begin researching early to gather information and establish a plan as soon as possible.

The purposes of the assignment are to enable you to:

• develop your law reading, research and writing skills;
• enhance your understanding of law as a dynamic process;
• learn how to independently research a particular aspect of the law;
• reflect on and consider particular legal issues;
• demonstrate understanding of the legal environment, including relevant laws as well as economic, ethical, social/cultural, international and political issues;
• develop your knowledge about the subject area of your research;
• demonstrate the ability to investigate, synthesise and analyse;
• communicate the findings in a formal piece of work and meet a deadline;
• enhance your analytical and written communication skills; and
• apply your legal skills.

The total length of the assignment must not be more than 2,500 words; do not include the references or bibliography in the word count. Submission of the assignment is due in teaching week 9 on Thursday by 6pm. Please note that late penalties apply to assignments where no alternative arrangements have been made with lecturing staff (subject to the discretion of the course coordinator).

Assignment Assessment Criteria

You will be assessed on the extent to which you have:

(a) answered the set question;

(b) used good English expression, correct spelling, good punctuation and grammar and have proof read your work;

(c) used good logic and structure;

(d) been able to identify, set out and discuss relevant issues, legal principles and cases, as appropriate;

(e) used statutes and cases to support your arguments, as appropriate;

(f) analysed, argued or discussed as required by the task questions; and

(g) engaged in legal research and found, read and used other resources other than the text book - note the library's law guide

Task -

Note this background: The Samsung Galaxy Note 7 smartphone was a product produced and marketed by Samsung Electronics and sold in Australia by Samsung Electronics Australia, and local electronics stores. Failures in the manufacturing process and design faults of the smartphone's battery led to overheating problems.

Read: Paul Latimer, Australian Business Law 4-010 to 4-220; and 7-215

Answer all 3 questions

1. Explain the basis of any liability in the tort of negligence that any manufacturer or distributor of the Samsung Galaxy Note 7 might have to its Australian consumers. Leave aside any question of the amount of damages, but in your answer refer to common law legal principles and (where relevant) to any relevant civil liability statute provisions that would apply in your State.

2. Do the Australian consumers you considered in question 1 have any rights under Part 3-5 of Australian Consumer Law (ACL) against any manufacturer or distributor? If so, on what grounds could they have brought such an ACL action and what defence might a sued manufacturer or distributor have? Again leave aside any question of the amount of damages.

3. Discuss the role that the relevant caps on personal injuries damages might have played in limiting the extent of any possible tort or ACL liability that you considered in question 1 and in question 2.