Introduction to Business Law
Semester 2 2020
Research has shown that a person driving while under the influence of alcohol has a 50% higher chance of having a road accident
In response to this risk the Western Australian Government passed the
Intoxicated Driving Act 2020
(WA) [a fictitious Act], section 16 of which provides:
16.
No person shall operate a motorcar, truck, motorcycle or similar vehicle on a road, highway or other public thoroughfare while under the influence of alcohol.
Solomon had been celebrating his birthday with friends and had a lot of beer to drink. Although he had earlier driven his car to the venue he was concerned about driving so instead borrowed a bicycle to get home with. Unfortunately, as he was riding along the new Cottesloe bike path, Solomon was stopped and charged with a breach of section 16 by a Western Australian Police, Traffic Branch officer Shane, who had noticed Solomon was riding in an erratic fashion and clearly intoxicated.
Question:
Using the four step process and the common law, purpose and ejusdem generis rules of statutory interpretation discuss whether Solomon is likely to be in breach of section 16.
2500 words maximum limit.
Ensure that you reference your submission correctly using the Chicago system and submit to Turnitin (found under ‘Assignments’ tag on Blackboard).
Introduction to Business Law Assignment 1 Marking Criteria Rubric. Marks for the assignment will be awarded as per the following:
3 Marks
Structure & presentation (1 mark) and referencing (2 marks) in accordance with guidelines.
16 Marks
Discussion of relevant law including cases and legislation if relevant. This requires identification of the relevant law in the question, discussion of the appropriate legal issues (9 marks) and application of the law described to the facts of the problem in a logical, coherent manner (7 marks).
1 Mark
Logical conclusion to the problem in line with the discussion and application already completed.
20 MARKS