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LST5CCL Company And Commercial Law For Statutory Consumers

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  • Course Code: LST5CCL
  • University: Swansea University
  • Country: United Kingdom

Question:

Cases can be referred to by just using the parties names, i.e. Donoghue v Stevenson or its commonly used ‘nickname’ such as Snail in a Bottle. Make sure that we can identify the case though. Statutes can be referred to by their short name, i.e. Australian Consumer Law or ACL. No other references are needed or should be used. For example referencing powerpoints or the textbooks is not acceptable.
The only acceptable sources for this assessment are the primary sources such as cases and statutes for this assessment. Nevertheless students may wish to undertake further research. Indeed the extent and quality of research into the principles, construction of relevant statutes, and academic commentary as to the 4 resolution of contentious issues may be reflected in the capacity of an answer to reflect the assessment criteria and performance expectations.
In order to assist your research, should you wish to undertake it, the recommended texts listed in the Subject Learning Guide might be a good starting point. Bibliography Note that NO bibliography or reference list is needed as the only sources you are allowed to cite are cases and statutory provisions. However, if you feel the need to ignore these instructions, you can compile either a bibliography or reference list.
This list will NOT be included in the word count. Footnotes or Endnotes Footnotes or endnotes are not permitted. If you are unsure about the appropriate writing style, please consult our ‘Studying Business Law’ section on LMS. Plagiarism, Collusion etc. By submitting your work, you acknowledge that you have familiarised yourself with the rules regarding academic integrity for student’s work at La Trobe University, 
This means in particular that you acknowledge the rules on plagiarism, collusion and cheating. Plagiarism: means taking and using another person’s ideas or manner of expressing them and passing them off as one’s own. For example, by failing to give appropriate acknowledgement.
The material used can be from any source (staff, students or the internet, published or unpublished works). Collusion: means unauthorised collaboration with another person on assessable written, oral or practical work and includes paying another person to complete all or part of the work. In short, you acknowledge that1. The work is your own work.
 
2. You have not previously submitted all or part of this work for assessment in any subject, unless the subject coordinator for the current subject (or your research supervisor, if applicable) has given you written permission to reuse specific material and you have correctly referenced the material taken from your own earlier work. 3. You have read and agree to be bound by the Statutes, Regulations and Policies of the University relating to Academic Integrity available at http://www.latrobe.edu.au/students/academic-integrity; and
4. You may be subject to student discipline processes in the event of an act of academic misconduct by me including an act of plagiarism or cheating. Submission Details
The mid-semester assessment can only be submitted online through TurnItIn. Note that the system does allow for earlier submission.
5 Penalties for Late Lodgement The standard penalty for late submission of assessment tasks is 5% of the marks for that task for each delay in submission of a day or partial day up to a maximum of five (5) working days after the due date. Assessment tasks will not be accepted after the earlier of the following occurrences: • The fifth (5th) working day after the due date; or • Feedback on the assessment task has been returned to any student by the teaching team
 
Students should back-up their work in multiple ways to ensure issues of disk corruption and loss of work are minimised. Extensions will not be granted for loss of work, disk corruption, or internet connection problems. Learning Objectives Assessed This assessment task is designed to test your achievement of assessing legal risks in the area of contractual and non-contractual risks and obligations and the Australian Consumer Law (ACL)
 
You are the risk manager of a melon farm grower, Melons R’Us which is located in New South Wales. You wake up on 3rd March 2018 to the following news on the radio. Customer Warning There has been an outbreak of listeria bacteria in New South Wales and Australia.
Several people have fallen ill and are being hospitalised including some with serious illness who are in a critical conditions. Listeriosis can be caught from food containing listeria bacteria causing symptoms of high temperature, flu-like symptoms, vomiting and diarrhoea. Most paeople infected display no symptoms, but elderly and very young people are vulnerable. When you are at work, you immediately start to investigate.
 
 
You contact the authorities which inform you that there is indeed an outbreak and they are looking into the causes. To your dismay, the authorities indicate that the outbreak might be linked to melons. The authorities have been able to identify and interview the patients and all confirm that they have eaten sliced melon. You decide to test your very popular product, the sliced melons and indeed, the test confirms that they are contaminated with listeria bacteri Further investigation confirm that the product is sold wholesale but also via direct sale. You now have the following problems: Jocelyn bought the melons directly from you at your shop in Victoria. She is a mother of three and pregnant with her fourth child. She is hospitalised and while her prognosis for her and the unborn child are good, she worries about the hospital bills and child care for her kids while she is in hospital.
 
 
1. Discuss what assistance/ financial compensation you would offer Jocelyn if you are taking your responsibilities under consumer guarantees, Part 3-2 Australian Consumer Law (ACL) and the associated remedies with this part into account. Use cases and statutes to support your recommendation. 8 Points Your sliced melons were bought by Yummy Stuff in Victoria. They have been contacted by one of their customer Arjun who had purchased and eaten the melons. He now does not feel that well and is seeking medical treatment. The doctor confirm that he has listeriosis and need medical attention albeit no hospitalisation. A few days off work, he is full time employed as an accountant for a big firm, and some medication should be fine.
 
2. Discuss what assistance/ financial compensation you would offer Arjun if you are taking your responsibilities under strict manufacturer liability, Part 3-5 ACL into account. Use cases and statutes to support your recommendation. 8 points
3. You start remembering your subject, ‘Foundations of Company and Common Law’ and the topics covered there. You decide to quickly and shortly sum up possible other legal risks that you might face. Take two other legal risks and explain how they might be applicable here.4 points
IMPORTANT INSTRUCTIONS
 
• You will have to answer ALL questions. Be strategic with how many words you are writing for your answer to each of the questions. Look at the points available for those questions. • Make sure that you discuss any applicable legislative provisions and relevant case law if requested. • Please note that if the facts do not warrant a discussion of all the elements of a legal risk, only the relevant elements should be discussed. • Please do not question the facts of the scenario. There is also no need to discuss whether something can be proven or not. • Only answer the question you are being asked and restrict your answer to the parts of the law you are asked to look at! If you venture outside the areas you are specifically asked to look at, you will get ‘0’ points for that discussion.

 

 
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