Commercial Law Case Study
Commercial law case study encompasses the rights of the person and the business organization and their interrelations with each other and their conduct concerning commerce, trade, merchandise and sales. These kinds of case studies come under the purview of civil law. The commercial law case study may deal with both private law and public law issues. In commercial law case study, a situation is provided involving the questions of facts and law. The students are required to identify the question of law and facts and provide adequate suggestion to solve the situation. They can also support their answers by citing examples of eminent case laws or precedents, relevant court decisions and particular Sections of Acts of Legislation.
Commercial Law Case Study Examples
Commercial law case study examples may vary ranging from issues relating to the law of contract, which would concern any commercial activity. The case study may involve a dispute concerning a contract, agreement, a promise, invitation to treat and others.
For example, Mr. A picks up a book from the display shelf with a price tag showing $20. When he took the book to the shopkeeper, the shopkeeper told him that the book has already been sold, and it was the only copy left with them. Advice Mr. A if he can sue the shopkeeper for not selling off the book to him.
In this commercial law case study, the students initially need to study the case minutely pointing out all the facts of the case and then identify the branch of contact law that would apply in this situation and finally argue the rights and liabilities of the customer and the shopkeeper referring to the appropriate laws. The students can also refer to prominent court decisions to justify their points. For example, in this commercial law case study the question of law is whether an invitation of treat can be considered as a valid offer. The main essentials of offer and invitation of treat have to be mentioned and distinguish between the two. The students then must state the rights and liabilities of the customers and the shopkeepers under invitation of treat and finally support the justification where or not there has been a contract. In this case, there is no contract between the two as it was an invitation to treat and not an offer. Thus, the shopkeeper is not bound to sell the book.
Another example of commercial law case study is Mr. X, who is a municipal contractor requests Mr. Y to build a supermarket at Melbourne. Mr. Z promises to pay $200000 to Mr. Y. Mr. Y accepts the offer of Mr. Z. Is there a valid contract between Mr. Y and Mr. Z? Justify your answer.
In this commercial law case study, the students must keep the similar approach in pointing out the question of facts and law after examining the case study properly. They must determine the part of contract law that would apply to the situation. Discuss the rights and liabilities of the parties and the essentials of a valid contract that would help them to determine whether there has been any contact between them. In this commercial law case study, if we examine carefully we will find that there is no such valid contract between the parties, as a contract must have a valid consideration as its foremost essential, which is missing ion this contract. Hence, no contract exists between the parties.
These are the types of commercial law case studies where the students are required to study the situations provided by their professors, find out the question of facts and laws, and then justify the findings stated by them in the light of relevant Acts of legislations or court decisions.
Commercial Law Case Study Question & Answer Sample
Mark, Peter and Mary were out on a Saturday night celebrating the successful formation of a new business venture. They went to a special restaurant up in the hills, Hilltop Point, to mark this occasion. After a great night of eating and drinking, they decided to continue their party at Watchout Point, a scenic hilltop spot with a spectacular view of the city. On their way, they stopped at a bottle shop to buy 2 bottles of premium French champagne. When they reached Watchout Point, they parked the car at the car park which was located at the top of the cliff. There was a 2 meter fence to prevent people from going beyond that point as it was not far away from the cliff edge. There were no warning signs but the cliff was very visible. Anyone can very clearly see the cliffs. In fact, the cliff was part of this beautiful scenery which attracted visitors. At first, the trio sat in the car and chatted and drank champagne. As the night progressed Peter, who had too much to drink, got out of the car and dared the others to climb over the fence and walk to the edge of the cliff. While the others were reluctant, Peter climbed over the fence and walked to the edge of the cliff. He lost his balance and fell off the cliff and broke his leg. Peter wishes to sue the Willow Council who is responsible for Watchout Point. What must Peter do to establish a breach of duty by Willow Council? Is Peter likely to succeed in establishing such a breach? Give reasons for your answer. The champagne bottle that the trio purchased had a very special kind of cap. Instead of the usual cork held in place by wire, it had a metal cap and a cork stopper. Mark opened the cap and tried to pour the champagne into a glass. When nothing came out he shook the bottle a little. The cork stopper suddenly ejected and hit Mark’s nose. He sustained a blood nose and was in pain for 3 weeks. There wasn’t any warning anywhere in the bottle about this kind of cap. This sort of cap is very common in France and used by most French wineries. Mark wishes to sue the wine company. Will he succeed? What must he establish?
The issue that is present in this can be described as being related with the reliability of Willow Council towards John as he suffered injuries after falling off from the edge of the Watchout Point, where they were celebrating their new business venture. As a result, it needs to be decided if Willow Council can be held liable under the law of negligence. Similarly, it also needs to be considered if reasonable steps have not been taken by the Willow Council which could have prevented the people from filing off. Therefore the question is if there is a duty of care on part of the Willow Council towards John. At the same time, another issue is also present in this case which deals with the liability of champagne manufacturer. In this case, the cork stopper hit Mark as he was trying to open the bottle because the bottle had somewhat different type of a cap. Read More...
Why Are Students Required to Analyze Commercial Law Case Study
Commercial law case study forms an integral part of the law curriculum of the students of UK, USA, and Australia. The main reason for inserting commercial law case study in curriculum is to test the ability of the students to point out the question of facts from a given situation of dispute and to identify the question of law in it.
It is also not easy to recognize the relevant laws that would apply to that situation in the commercial law case study as we have a number of Legislations. The students again have to point out the appropriate sections that would apply to that situation. Repeated practice of solving case laws will help the students to be familiar with the sections of the Acts of legislations. They will remain updated with the various recent and old significant judgments of the court. This will help them in their future when they will handle real situations.
Applying the relevant laws in the question of facts and laws would enable the students to argue their cases in the court of law in the appropriate manner. This tremendously helps the students in their upcoming career to apply the laws in situations of disputes systematically. Finally, writing a good conclusion enables the students to present the case before the court of law precisely. This will help the students to place the case before the court in an attractive and convincing manner so that the case is readily accepted by the court of law. Thus, commercial law case study occupies a major portion in the curriculum of legal studies.
What Should be The Approach of Students Towards The Commercial Law Case Study?
The students are required to analyze commercial law case studies by following the four-step method commonly known as IRAC method.
I stand of Identification of facts;
R stands for Rule or Relevant law,
A stands for Application of the law and
C stands for Conclusion.
The commercial law case study must be read carefully and minutely, and the facts of the case have to be pointed out mentioning clearly the question of facts and the question of law. In the second step, the students must point out the relevant laws citing proper sections and legislations that would be applicable in the case study to justify the situation. The students can the support their answers by pointing out major decisions of the court. Next, they have to apply skillfully those cited laws to the pointed out facts to justify the situation and solve it. Finally, the students need to conclude the commercial law case study by summarizing all the facts of the case and the laws applicable to the situation and stating his own views and arguments that why in his opinion he has made the just justification.
What Challenges do Students Face While Answering Commercial Law Case Study?
The law students face challenges in almost four steps while solving the commercial law case study. The students fail to recognize the appropriate facts in the case in the given commercial law case study. There may be more than one question of fact and law in the commercial law case study. Proper recognition of facts requires extreme concentration or experience.
Secondly, selecting the appropriate and relevant law in response to the question of facts and law in the given commercial law case study requires extreme knowledge and practice in all the sections of the all the Acts of legislation related to commercial law case study. The students often fail to cite major court cases while answering case studies. Citing case laws forms a crucial part of commercial law case study as it reinforces the authenticity of the arguments provided by the students. Thereby, the students are required to cite the exact case laws or major decisions of the court to support their answers.
Thirdly, applying the relevant laws in the case scenario of the commercial law case study requires special skills. The students often fail to apply the relevant laws in the case scenario in the proper sense or they fail to express and argue the case in the true and required manner.
Lastly, concluding a commercial law case study also requires special ability of the students to the present the case study precisely applying all the relevant laws and expresses his view of the statements made by him in the case scenario. This part plays a very crucial role, as the students have to give final recommendations or advice according to his wits and judgments. The advice given by him has to be relevant and appropriate accompanied with enough reasons that would make the advice apparently practical and justified.
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