LAW 7157 Introduction To Business Law

Part A

This case was an appeal against the decision of the lower court that the defendants had not been negligent. The appellants had raised a cause of action that there was negligence on the part of the defendant of not providing proper warning about kangaroos coming to the golf course. The court of appeal unanimously overtured the decision of the district court stating that the defendants had been liable for negligence. The primary judgement in this case had been provided by Fitzgerald JA. The judge asked the question there was an obligation on the part of the respondent to give the appellants and others present in the golf course proper warning for injury which may be caused by a kangaroo attack. The trial judge held in this case that the level of risks which were posed by kangaroos was very low and the warnings talked about in this case are often not taken into consideration. These warning were however those warnings which were not in the interest of the golfers. It was also evident in the case that warnings could have been notified easily at almost no inconvenience or cost on the part of the defendant. It was also known to the defendants that the golfers were subjected to the risks from the kangaroos and there is no knowledge which they have in relation to the danger posed to them. The judge held that as there has been a failure on the part of the respondent to warn golfers about the risk of injury which they had no knowledge about was a breach of the duty of care which the defendants had towards the appellants even were the risk was small. Thus the cause of action of the appellant had been established and the defendants were proved guilty.

What was the date of this case?

The date of this case is 22 March 2000

 What court was this case heard in?

The case had been heard in the Supreme Court of NSW- Court of appeal

 What was the cause of action in this case?

The cause of action in relation to the case was of negligence on the part of the defendant of not providing proper warning.

 Who were the judges in this case?

The judges who addressed this case were Priestley JA, Fitzgerald JA, Heydon JA.

 Who was the judge in the District Court?

The district judge in this case was Mahoney DCJ

 What was the case relied upon by His Honour Fitzgerald JA?

The case relied upon by Fitzgerald JA was Morgan v Sherton Pty Ltd (1999) 46 NSWLR 141, 145

 Part B

 Locate and name the 9 Australian Acts Interpretation legislations.

The nine legislations are as follows

1. Interpretation Act1987 (NSW)
2. Acts Interpretation Act 1954 (Qld)
3. ACTS INTERPRETATION ACT 1901 (Cth)
4. Acts Interpretation Act 1915 (SA)
5. Interpretation of Legislation Act 1984 (Vic)
6. Interpretation Act 1984 (WA)
7. Acts Interpretation Act 1931
8. Interpretation Act 2005 (NT)

It has been provided through the provisions of ACTS INTERPRETATION ACT 1901 - SECT 15AA that while interpreting the rules of legislation, the meaning which would best be in compliance to the purpose or object of the legislation irrespective of whether such purpose has been provided expressly has to be given preference over others.

What is considered a holiday under theACTS INTERPRETATION ACT 1901

Under the legislation a holiday means a Saturday or Sunday or a day which is considered to be a public holiday in Canberra.

According to the ACTS INTERPRETATION ACT 1901 when would a person attain the age of 18?

As per section 37A of the act a person will be considered to have attained the age of 18 when the commencement of the relevant anniversary of the persons date of birth has taken place.

Part C

1. Explain the difference between case law and legislation.

The primary difference between case law and legislations is that case laws are brought to existence by the courts and the legislations are brought to existence by the parliament. The case laws acts as precedents only when they have been made by a higher court and are to be implemented in a lower court. On the other hand the legislations enacted by the parliament are applicable on all courts. They have to be followed by the Supreme Court as well as the high courts. Case law rulings can be applied in only a particular situation where the facts are similar. On the other hand legislations govern a wide range of issues.

2. Explain how are each made.

As discussed earlier, case laws are made in the court. They are a part of common law. When a court has been presented with an issue the court interprets the principles of common law and equity to resolve the issue in the best possible manner as they have been provided the power to interpret the provisions of law. Where such acts take place in a higher court then such interpretations of common law become case laws for similar situations for the lower courts. On the other hand legislations are those which are made by the legislative wing on the government which is the parliament. Legislation is introduced to the parliament as a bill and when it is passed through the various steps successfully they are converted into a valid law.

3. Explain which has the higher authority and why?

The authority of the case laws is lower than that of the statue laws. This means that when there is a dispute between the case laws and statutory laws then the statutory law would prevail.  This is done because the role of the court is to apply the will of the parliament and statute laws are the will and intention of the parliament which the parliament wishes the court to implement (Ng 2017).

 Part D

In your own words (300 max) explain what academic misconduct means according to Kent Institute Australia’s ACADEMIC MISCONDUCT POLICY AND PROCEDURE

Academic misconduct can be interpreted as blunt cheating. This means that the students are not doing their assignments on their own and rather taking external help. It is the duty of the students to complete the assignment provided to them by their own. They should not do any form of plagiarism and whenever any external sources are used in the assignment they have to be cited in the correct format. It is illegal to copy the work of someone else without giving them credit according to the Copyright Act 1968. Although it is an exception to use the work for the purpose of study due acknowledgement has to be provided in relation to the work which has been used.  When a student commits plagiarism they should be prosecuted by the university. In the Kent Institute Australia’s ACADEMIC MISCONDUCT POLICY AND PROCEDURE it is clarified that any student who is found to have committed academic misconduct such as copying the work of another student and gaining an unfair advantage or not citing the work which has been copied or taking external help for the purpose of doing the assignment would be subjected to strict punishment and also may be suspended from the course of they have committed a serious breach of the policies and procedures. Academic misconduct is a fraud, dishonesty or deceit in relation to academic assignments where there has been a use or attempt to use materials in a way which is not allowed. Students should understand that they need to maintain academic integrity of their own and national interest (Ataie-Ashtiani 2016).

References

ACTS INTERPRETATION ACT 1901 (Cth)

Ataie-Ashtiani, B., 2016. Curbing Iran's academic misconduct. Science, 351(6279), pp.1273-1274.

 Ng, Y.F., 2017. THE UNIVERSITY OF WESTERN AUSTRALIA LAW REVIEW. LAW REVIEW, 42, p.1.

SHORTEN V GRAFTON DISTRICT GOLF CLUB NSWCA 58