BUS203 BUSINESS LAW AND ETHICS

ASSESSMENT TASK 2_ASSIGNMENT 2020

DUE DATE: Friday 18 May 2020 (11:59 pm) (Week 8)

TOTAL MARKS: 80 marks (40% of overall assessment)

WORD LIMIT: 2000 words

SUBMISSION: Submit your work electronically in Black Board under the Assessment tab. Ensure that you include a cover page with your name, the name of your tutor and day and time of your tutorial.

QUESTION

Jack is a builder who works on a building site in Maroochydore. Jack is a bit lazy and one day, in a hurry to leave early from work, he forgets to erect barriers around that part of the building site that adjoins the street.

Colleen, a mother of three, has parked her car near the building site. After a full day of shopping at the sales, she returns to her car carrying parcels in her arms that obscure her vision. She does not see that building material has spread out on the street from the building site and she trips, falling heavily and breaking her leg. A passer-by calls for an ambulance. The ambulance arrives and takes Colleen to hospital.

Colleen is in hospital for six weeks and unable to work at her full- time job as a Child Care worker. After leaving hospital she has had to attend a physiotherapist for exercises to strengthen her leg, which cost $120.00 per session. Colleen does not have private health cover. She has had to attend twice a week for the past 12 weeks. She has also been back to work only part-time as her leg becomes too sore if she is on her feet for more than 4 hours per day. Collen’s mother has been helping her at home with the children.

Colleen comes to you for advice. She wishes to sue Jack in negligence.

Answer the following questions:

1. Did Jack owe Colleen a legally recognisable duty of care at the time of the incident? (15 marks)

2. If Jack owed Colleen a duty of care, did he breach that duty of care? (20 marks)

3. Could Colleen prove the element of damage in an action in negligence against Jack? (10 marks)

4. What defence, if any, could Jack raise against Colleen? How would proof of a defence affect Colleen’s claim? (15 marks)

5. What remedy could Colleen claim against Jack? (5 Marks)

Confine your discussion to a consideration of Jack’s personal liability in negligence.

10 marks are allocated from communication skills, including expression, presentation and referencing.

ASSESSMENT CRITERIA

Your work will be assessed against the following criteria:

1. Demonstration of knowledge of relevant business law principles and their sources.
2. Demonstration of understanding by analysis and reasoning in applying relevant principles to a given fact scenario in order to generate conclusions.
3. Demonstration of communication skills through written expression and presentation.

Refer to the rubrics posted in BB with this assignment question.

ASSIGNMENT GUIDELINES

The following guidelines are based on a review of common errors made in Business Law and Ethics assignments. Students are asked to read these guidelines carefully as they will be taken into account in marking your papers. Students are also referred to guides to Harvard style referencing available in the library and from Student Services.

The information to follow is presented under the headings of:

• Content and analysis
• Structure and style.

CONTENT AND ANALYSIS

The following guidelines stem from the assessment criteria stated above:

• It is not enough to discuss the facts in a general way without reference to legal principle/s.
• It is not enough to state relevant legal principles without explicitly applying those principles to the facts.
• Statements of legal requirements/ principles must be accurate. Use of your own words is encouraged but must convey the substance (meaning of) the legal principle/s.
• Merely reproducing the facts given in the problem will not attract marks. You must refer to the facts only when applying the law to them.
• Accurate and full reference to cases and legislation must be used (see further below).

STRUCTURE AND STYLE

The following guidelines reflect the requirements of formal academic writing generally and those more specifically relevant to law.

• Executive summaries should NOT be included.
• Avoid abbreviations- eg use ‘has not’ instead of ‘hasn’t’.
• Avoid informal language- eg use ‘Therefore..’ instead of ‘So..’ or ‘Well..’.
• Avoid use of emotive language- eg use ‘I argue.., “I would argue..’, ‘I assert.., or ‘I contend..’ instead of ‘I believe..’, ‘I feel..’ or even ‘I think..’.
• Be mindful that legal analysis is about logical argument based on principles as applied to the facts and not about personal responses- emotional or value-laden.
• Avoid use of ‘slang’ (or poor grammar generally)- eg use ‘should have’ instead of ‘should of’.
• An opinion may be stated but must be based upon an application of legal principle to the facts.
• Check spelling and grammar; use the spell and grammar checks available on computer.
• Full sentences, containing a subject, verb and object must be used.
• When beginning a sentence with a reference to a section of legislation use ‘Section..”
• When referring to a section of legislation mid-sentence use ‘s.…’.
• When referring to a court’s finding or judgement use, for example, ‘It was held in that case that..’ or ‘The court held that..’(Note third person and past tense used).
• When first referred to in a sentence cite legislation in full, and the full name of cases plus the year of reporting.. For example;
• It was found in Smith v Jones (1986) 5 CLR 98 that..
• Section 67 of the Town Planning Act 1987 (Cth) requires that…
• Subsequent references may be summarised or truncated to, for example;
• In Smith’s Case…
• The Town Planning Act…; or
• The Act…

• Care should be taken with the use of quotations and reproduction of sections of legislation.
• Generally, a quotation should only be used when the author conveys her own very specific idea that you are referencing, or when the author conveys an idea in a manner that is convincing and that you can not adequately paraphrase.
• Reproduction of provisions of legislation should be limited to very brief sections or parts of sections.
• Case citations (referneces) should include the name of the case and the year it is reported in brackets in the body of the text (consistent with Harvard referencing style). Full citations with the name of the case, year reported and law report series (with volume and page number) should be listed at the end of your work in a list of references.

• References to legislation must be fully given in the text and repeated in the list of references at the end.
• Accurate, complete references to cases and legislation must be given (and may be found in your text).
• References to either legislation or cases must NOT contain spelling errors.
• Case names and legislation should be presented in italics or underlined.
• Appropriate margins should be provided on each page.
• An assignment cover page should be attached to your work.
• The name of your tutor and the day and time of your tutorial MUST appear on the assignment cover page.
• A copy of your paper should be retained for your reference.
• Use Times New Roman 12 font and 1.5 line spacing.

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