Introduction To Business Law

Introduction to Business Law 20084

Spring 2007

Assignment 2 Information Sheet

The assignment question is set out at the end of this information sheet. Please read the information carefully. FAILURE TO FOLLOW THE REQUIREMENTS STATED BELOW WILL RESULT IN SEVERE LOSS OF MARKS.

1. The Assignment

Marks: 25

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Value: 25% of the final marks for the unit.

In your answer you should employ a suitable problem solving methodology and make use of primary sources to justify your reasoning. We expect you to support your arguments with legal principles and you must always identify the case(s) (legal authority) from which those principles are derived. (The number of cases you use will depend upon the number of legal principles to which you refer).

2. Marking Criteria

Content, analysis & argument

– Identify relevant legal issues

– Accurately state & explain relevant legal principles

– Apply relevant authority to the facts of the problem

– Logical & coherent

– Critically analyse relevant legal issues

– Supported by appropriate authority

Research

– Utilise the sources meaningfully in your discussion

– Select sources of information which are authoritative

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Presentation

– Grammar, syntax, punctuation & spelling

– Layout

– Appropriate & adequate referencing

– Bibliography

3. Form of the assignment

The assignment should be presented as follows:

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comments

– Avoid eyestrain for the markers, by using:

– 12 point Times New Roman font

– one and a half line spacing

– Attach and complete the assignment cover sheet. Make sure you include the time and day

of tutorial AND the      tutor. A copy of the cover sheet to be used is attached

The word limit includes reference details and any footnotes, but not the bibliography at the end. It is an indication of what the teaching staff believe to be necessary in order to provide an adequate answer on all issues. If you find you are below the word limit then you should carefully revise your work to check if you covered all relevant issues. If you are above the word limit then check to see that you are not discussing irrelevant material.

We are not interested in counting every word but you are expected to express yourself succinctly, so if you exceed the word limit by more than 10% of the total word limit, the tutor marking may not read beyond the extra 10%.

4. Referencing

Use the Harvard system, but carefully follow the modified Harvard style used by Terry and Guigni (the prescribed text) to refer to other materials.

References to texts must include page numbers in most cases (eg, p 8 of Terry and Guigni referring to Devlin). When referring to any cases or legislation italicise

or underline case names and the titles of legislation, and include the standard legal citation for cases and legislation. (eg, p 33 of Terry and Guigni referring to

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Walker

v NSW

(1994) 69 ALJR 111 and to the

Bills of Exchange Act 1882

(UK))

A bibliography/reference list of all references must be attached at the end of your assignment. This is not to be counted in the word length. It should include material used by you in preparing the assignment (whether you refer to these directly in your assignment or not). Organise the references into separate sections depending upon whether the material is primary or secondary sources and written or electronic. Material should be listed alphabetically by the author’s surname.

5. Collusion and Plagiarism Warning

– Your preparation for the topic and your written answer is to be undertaken individually. No collusion is permitted.

– Copying from articles, books or other students’ work without acknowledgement at each point of use,

is plagiarism, as is rewording what you have read from another source without appropriate acknowledgement.

– Collusion and plagiarism are forms of academic misconduct for which severe disciplinary penalties can be imposed. For more details see the UWS policy.

6. Submission Requirements

–  You must submit a hard copy of the assignment by handing it to         your tutor at the STAR

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– Students MUST KEEP A HARD COPY of the assignment as submitted.

addressed as follows:

1. Yvonne Daly,

2. School of Law

3. University of Western Sydney

4. Parramatta Campus, Building EKG

5. Locked Bag 1797

6. Penrith South DC 1797

– The penalty for late submission of Assignment 2 is 2.5 marks per day, including each weekend day.

– Submission date will be treated as the date of delivery for the purposes of

calculating the late penalty, so students would be advised to submit late assignments by Express Post.

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7. Problem Question

Mickey was holidaying with his family on the Central Coast of New South Wales. Due to his very active work life, he had not had a holiday in a number of years and this was the first chance he had to get away with all of his family.

To make the holiday a memorable experience for his family, Mickey organised a deep sea fishing excursion with ‘Family Friendly Fishing’. This company was very experienced in providing charter use of their vessel to organised groups which usually consisted of holidaying families to the Central Coast area. Mickey and his family were allocated the boat ‘The Stinga’ and the captain for the day was Neil.

Neil had recently commenced working for the company. On his first day at work Neil had noticed that the fishing equipment on board the boat didn’t seem to be in very good condition. It certainly wasn’t up to the standard of the equipment that Neil had used in his previous employment. Concerned that the equipment might not meet the required standard, Neil raised the matter with his employer, who stated that he shouldn’t worry too much because they had never had a problem in their 25 years of operation.

On the day of the fishing excursion, Mickey and his family set sail on board the boat. During the excursion Mickey’s son, Reg, hooked a 120 kg Giant Atlantic Bluefin Tuna. This type of fish

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was quite rare to the area. Whilst reeling the tuna in, the fishing line was under great strain. The line broke and recoiled towards the boat. The recoil was of such great force that it struck Mickey’s wife, June, cutting her quite deeply across her face and her left hand which she had raised to protect her face from the line which she saw approaching.

The recoiling line also struck Mickey’s daughter, Gina, in the eye. As a result she will permanently lose sight in one of her eyes.

A helicopter was called to extract June from the chartered boat as it was quite far from the coast when the incident occurred. The helicopter was owned and operated by the Gosford Hospital. Whilst on route to the Gosford Hospital, the helicopter developed engine troubles and was forced to make an emergency landing. The landing was very spectacular and attracted many onlookers, including Jack, who was playing with his grandchildren in a local park. Jack was a Vietnam War veteran and had a history of mental illness and the shock of seeing a crashing helicopter caused him to suffer deep nervous shock.

June was later taken to Gosford Hospital, where emergency surgery was carried out. Unfortunately during the healing process from her operation, June developed a rare form of blood poisoning which has resulted in the loss of her left hand.

Mickey is very upset by the incident and has had to take a lot of time off work to care for his injured wife and daughter.

Advise Family Friendly Fishing, Neil, Mickey, June, Gina, Gosford Hospital and Jack of any rights or liabilities they may have in the tort on negligence ONLY and discuss the likelihood of success of each of these actions and appropriate defences which may be raised. You should confine your discussions to Common Law.

Assignment  Cover Sheet

School of LAW

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College of Business

Student  Name

Student  Number

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Unit  Name and Number

Introduction to Business Law 200184

Tutorial  Group

Tutorial  Day and Time

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Tutor

Title  of Assignment

IBL Assignment 2

Length

Due  Date

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Date  Submitted

Campus  Enrolment

DECLARATION

I hold a copy of this  assignment that I can produce if the original is lost or damaged.

I hereby certify that no  part of this assignment/product has been copied from any other student’s work

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Signature

:    ………………………

Note:                 An examiner or lecturer/tutor has the  right not to mark this assignment if the above

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