HA2022 Business law final assessmeNt Trimester 2, 2021 Assessment Weight: 50 total marks Instructions: · All questions must be answered by using the answer boxes provided in this paper. · Completed...

HA2022
Business law

final assessmeNt

Trimester 2, 2021

Assessment Weight:
50 total marks

Instructions:

·
All questions
must be answered by using the answer boxes provided in this paper.

·
Completed answers must be submitted to Blackboard by the published due date and time.

Submission instructions are at the end of this paper.

Purpose:

This assessment consists of six (6) questions and is designed to assess your level of knowledge of the key topics covered in this unit

Question 1 (7 marks)

Part A) When will a duty of care arise and what test is used to determine the existence of duty of care? (4 marks)

Part B) Provide 3 examples of when a duty of care exists. (3 marks)

(Word limit: Maximum 250 words)

ANSWER: ** Answer b
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Question 2 (7 marks)

In cases where the traditional approach of offer and acceptance cannot be applied, how does the court determine whether an agreement has been reached between the parties? Cite relevant legal cases from Australian courts.

(Word limit: Maximum 250 words)

ANSWER:

Question 3 (7 marks)

How was the parol evidence rule applied in the case of Van Den Esschert v Chappell [1960] WAR 114?

(Word limit: Maximum 250 words)

ANSWER:

Question 4 (7 marks)

Part A) What is the aim of indemnity in insurance contracts and what are some exceptions to the principle of indemnity in insurance? (4 marks)

Part B) Why are insurance contracts of the ‘utmost good faith’? (3 marks)

(Word limit: Maximum 250 words)

ANSWER:

Question 5 (11 marks)

Sandy borrowed out an electric scooter from Jim’s Scooters, a self-serviced operation, for the first time. The scooters can be found at various stations around town and are locked in charging stations whilst they are not in use. There was a sign on a pillar next to the scooters that listed the various charges and conditions. It also stated that users needed to download their app to use a scooter and included a QR code for quick reference. Once she found a scooter she wanted to use, Sandy was issued with a ticket through the associated app.

Sandy was injured later when she returned the scooter into the locking mechanism. Sandy claimed damages from Jim’s Scooters. The company attempted to rely on a condition exempting it from liability. On each ticket, in small print, were the words ‘Issued subject to conditions . . . displayed at the scooter station’. On the pillar next to the scooters were printed eight conditions, the second of which exempted Jim’s Scooters from liability for any injury to a customer whilst parking the scooter.

Required:

Could Jim’s Scooters successfully rely on the exemption clause to protect it from any action by Sandy?

(Note: The IRAC method may be helpful in answering this question)

(Word limit: Maximum 500 words)

ANSWER:

Question 6 (11 marks)

Milton Imports Limited imports and markets a protein powder called ShredX. The protein powder is wholly manufactured and packaged in China. In order to ‘bulk up’ the purported protein content, the manufacturer included an ingredient that can cause serious medical problems if ingested by humans.

Jane purchased some ShredX from her local gym, Fitness Fanatics. Soon after using it, she became severely ill. Eventually, Jane’s doctor traced the problem to a form of poisoning by the protein powder. They are monitoring her as permanent damage may have been caused by this poisoning.

Required:

Advise Jane if she has any claims under the Australian Consumer Law (‘ACL’) against the manufacturer Milton Imports? (Note: The IRAC method may be helpful in answering this question. You must use the principles of Australian Consumer Law (ACL) to answer this question. Do not answer this question using contract law or tort law as you will not receive any marks.)

(Word limit: Maximum 500 words)

ANSWER:

END OF FINAL ASSESSMENT

Submission Instructions:

· Save submission with your STUDENT ID NUMBER and UNIT CODE e.g.
EMV54897 HA2022

· Submission must be in MICROSOFT WORD FORMAT ONLY

· Upload your submission to the appropriate link on Blackboard

· Only one submission is accepted.
Please ensure your submission
is the correct document.