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


Introduction to Business Law 20084

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


– Utilise the sources meaningfully in your discussion

– Select sources of information which are authoritative


Introduction to Business Law 20084


– Grammar, syntax, punctuation & spelling

– Layout

– Appropriate & adequate referencing

– Bibliography

3. Form of the assignment

The assignment should be presented as follows:


Introduction to Business Law 20084

–  A4 paper, stapled in the top left corner and typed


–  Each page must be numbered and in black ink only (no other

Only one side of the paper should be used

marker can write

Leave a margin of about 3cm on all sides of the page, so the


– 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


Word length: 2000   words

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


Introduction to Business Law 20084



(1994) 69 ALJR 111 and to the

Bills of Exchange Act 1882


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


Introduction to Business Law 20084



the tutorial

for Introduction to Business Law (IBL) in which you are registered in

Week 11

(8-12 October 2007).

Submit a final version. Do not

submit a draft.

–  There will be no resubmissions.


Do not submit the assignment by facsimile or e-mail, under any

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

Marked assignments will be   returned in tutorials in week 13.

Late Assignments

–  There is no provision on any campus for late submissions.

Administration Officer,

Late assignments will only be accepted by post to the Law

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.

Late assignments will not be accepted after the marked assessment

tasks have begun

to be returned to students who submitted the task on



Introduction to Business Law 20084

Applications for an Extension

of Time

prevents you from

In the event of serious illness or serious misadventure that

submitting on the due date, you may submit a written

application for an extension of time

prior to the due date. Details on

the UWS policies page.

Please note that an extension

will not be granted where:

You simply hand your

assignment in with a medical certificate attached thereto; or

You are unable to print

your assignment out on the day it is due.

Computers have

a terrible habit of crashing at such times and you

must organise your schedule to take

account of such problems as may


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


Introduction to Business Law 20084

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


Introduction to Business Law 20084

College of Business

Student  Name

Student  Number


Introduction to Business Law 20084

Unit  Name and Number

Introduction to Business Law 200184

Tutorial  Group

Tutorial  Day and Time


Introduction to Business Law 20084


Title  of Assignment

IBL Assignment 2


Due  Date


Introduction to Business Law 20084

Date  Submitted

Campus  Enrolment


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


Introduction to Business Law 20084


:    ………………………

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