Reference no: EM133171269

LAW600 Business and Corporations Law

Assessment - Case Study Response

Learning Outcome 1: Examine and differentiate the key features of the Australian legal system and identify and distinguish the law that governs the business environment in relation to agency, property, contract, torts, business structures and consumers.

Learning Outcome 2: Demonstrate an advanced practical understanding of the major aspects of corporations' law, including the role and obligations of directors and officers and further elaborate on the formation, governance and dissolution of companies.

Learning Outcome 3: Identify, examine and critically evaluate legal principles which arise out of the formation and use of business structures, review relevant legal sources, propose suitable outcomes to related problems and identify possible challenges to any proposed outcomes

Learning Outcome 4: Apply knowledge based analytical, deductive and critical reasoning skills to develop insights into various business situations and find appropriate legal solutions through the making of informed judgments.

Case scenario:

You are an employee in the operations department of a mining company, Gould Mining Pty Ltd. The company has entered into a contract with a staffing solutions provider, Better Workers Pty Ltd, to provide staff on an ongoing basis, to drive the mining trucks that are operated by Gould Mining Pty Ltd. The agreement between Gould Mining Pty Ltd and Better Workers Pty Ltd is that the staffing company would provide the workers and pay their wages whilst determining their work system and rosters, while the mining company would be responsible for maintaining the trucks to ensure that they are in good working order and are safe to drive when needed.

On the morning of 7 December last year, Geoffrey was driving one of the trucks, having been instructed by Better Workers to do so. On his way to the mines Jack requested to hitch a ride in the truck, so that he could get to and repair one of the trucks that had stalled at the entrance of the main mine. Jack was a local mechanic who had been requested by the mining company to repair the truck and he intended to drive it back to the base. As he boarded the truck that Geoffrey was driving, he failed to see the sign on the door of the truck that stated, "No unauthorized passengers are permitted at any time". As the ride to the mines was a short one, Geoffrey did not think twice about giving Jack a ride. The trip to the mines was a rather bumpy one and as Geoffrey was navigating the final bend towards the mines at a considerably high speed, he lost control of the truck, which toppled over and eventually landed on its side. In the process the passenger door of the truck, which was faulty, flung open and Jack was thrown out of the truck onto the road where he landed heavily and broke his right arm. Jack was hospitalised for a few days and lost the use of his arm for two months.

It is now February in the following year and your Operations Manager, Brad Stern, has passed on to you a letter from Jack's solicitors demanding that Gould Mining accept liability for the injury suffered by Jack. Brad believes that it is Better Workers that should be held responsible and would like you to write a memorandum of advice on whether there are grounds to hold Better Workers Pty Ltd liable, so that he can present it to the management committee of the board of directors of Gould Mining Pty Ltd.

Instructions:

You have been assigned below, a fact scenario/case study which you will be required to critically analyse. You will be expected to:
• Identify the legal issue(s) arising from the given scenario or case study
• Identify the appropriate legal rules that require discussion in the case study
• Apply the law to the facts of the case study
• Reach a reasoned conclusion/ give practical advice to your client.
Your analysis should refer to appropriate cases and statutes, where applicable and be referenced using the APA Referencing style.

You will be required to consider whether the Law of Torts, Law of Contract or the Australian Consumer is relevant to the given scenario and to elect which of the three areas to focus on in your response.

The task will assume your knowledge of the content covered in module 1.1 to 3.2 and particularly that which may be relevant to the scenario given. Your response will be given in the form of a memorandum ofadvice, to be addressed to the instructing person, with your concise and informed opinion on the best course of action. It is expected that you will read through and be well familiar with the content in the covered modules and that you will support your responses with appropriate case law and/or legislation that is relevant to the Australian context.

Attachment:- Case_Study.rar