MCR009 Business Law

{`SUBJECT NAME:		Business Law 
Universal Business School Sydney 

Question 1 (15 Marks) 700 words (approx.)

Margaret and David were taking their 5-year-old grandson Joel for a walk along a pier at Newcastle beach in NSW. There was a fence that had been installed by the council. It had horizontal timber beams connected at heights of 1 metre and 2 metres. There was no other material between the beams.

David was walking slightly ahead. Margaret had been with Joel holding his hand, she briefly let him go slightly ahead. Margaret very briefly looked backwards as there was a dog behind. At that moment she heard a scream. Joel had fallen between the timber beams on the fence to the hard sand some nine metres below. Joel was severely injured.

At the entrance to the Pier there was a sign placed by the Council which read;

“The council recommends care with children when walking on the pier and will not be liable for any injury no matter how caused whether through the negligence of the council, their employees or contractors or otherwise”

  1. Does the Council owe Joel a duty of care?
  2. Has the Council breached their duty of care?
  3. Are there any defences the Council can use?
  4. If Joel joined his grandparents to the proceedings do you think they may be liable for negligence?

Question 2 (15 Marks) 700 words (approx.)

Oscar aged 15 years is a promising football player and entered into an agreement with “Charlie’s Coaching” to have a years coaching at $40 a month.

Oscar hopes to play professional football when he leaves school.

He pays cash for the first two months but then decides he is not improving so refuses to pay for the balance of the contract.

  1. Can “Charlies Coaching” successfully sue for the balance owed under the contract?
  2. Are there any cases that assist your argument?
  3. If Oscar pays cash up front for the full year, can he recover anything from “Charlies Coaching” under the Australian Consumer Law if Oscar can prove that Charlie’s coaching failed to show sufficient qualifications or expertise required of a football coach?

Question 3 (15 Marks) 700 words (approx.)

Johnny Crash is a country and western singer in NSW who has a distinctive large red cowboy hat and has a hit song called “Fine blue Jeans”

Genius Jeans Pty Ltd run an advertisement that shows a cartoon character with a big red cowboy hat saying, “you look so fine in those Genius Jeans”.

Jonny has never given any permission to appear in an advertisement endorsing any product.

  1. What provisions of The Australian Consumer Law (ACL) could Jonny use in a case against Genius Jeans Pty Ltd.?
  2. Are there any cases that assist your argument?
  3. If the advertisement flashed to a concert where Johnny was singing “Fine blue jeans” and they had paid a royalty for using the song, would Johnny still have a claim in your view?
  4. Are there any other Torts that may also be used by Jonny?

Question 4 (10 Marks) 400 words (approx.)

Danny buys a pet dog “Spanner” from Clem for $600 after answering an online add in which “Spanner” is described as 6 years old, toilet trained and 40 kg.

Clem brings “Spanner” to Danny’s house. Danny gives Clem the $600.

As Clem is walking away he says to Danny “I hope you enjoy Spanner. I promise he is a very gentle and friendly dog”

Two weeks later “Spanner” bites the postman on the leg.

Advise Danny

  1. Can Danny return “Spanner” to Clem and claim a breach of contract as he is not a gentle dog as Clem said?
  2. Are there any cases that assist your arguments?
  3. Is there anything that Danny could have done to make Clem’s promise about the gentleness of “Spanner” be an enforceable term of the contract?

Question 5 (5 Marks) 200 words (approx.)

Consider one or two cases that you have studied that has a finding that you consider unfair or commercially impractical.

Clearly outline your reasoning.