2105AFE - INTRODUCTION TO BUSINESS LAW - PROBLEM SOLVING ASSIGNMENTWeight:This assessment is worth 30% of the total marks for this course. The Hypothetical ILAC Question is worth 20%and the Short Response Questions are worth 10%.Due Date: This assessment must be submitted online via SafeAssign by 11am on Thursday 16 April 2020. NormalGriffith University penalties apply for late submission.Word Limit: Your answer to the Hypothetical ILAC Question must be no longer than two (2) pages. For the ShortResponse Questions, the maximum word limit is 150 words per Short Response Question. There is NO10% allowance or increase to this limit. Write clearly and concisely. Penalties apply to any answerwhich exceeds the maximum page limit/word limit and/or does not follow any of the instructionsbelow.Assessable Content:Ø The lecture content covering Tort Law (Parts 1 and 2), in addition to the textbook and this document are the onlysources of information required for this assignment.Ø The lecture materials and the textbook content on Tort Law provide sufficient information to answer theHypothetical ILAC Question and Short Response Questions. There is NO need to undertake any additionalresearch for this assignment. You do not need to look up or use any additional sections or cases and markswill not be provided for such.Ø Your assessment will be marked via the rubric below. A reminder that for the ILAC question, you must apply thelaw listed under the “Law” heading in the “Application” to be awarded marks in the “Law” portion of the rubric.Referencing:Ø There is NO need for Harvard or APA etc., referencing or footnotes. However, referencing will be required ifdirectly quoting from the facts of the question, the lecture or workshop slides, or the textbook. Please usedouble quotation marks and put (“Facts”), (“Slides”) or (“Text”) in brackets after the quote and add the pagenumber. Failure to do so will result in penalties for plagiarism.Ø When referencing cases, the name of the case should be in italics. For example: Partridge v Crittenden. Theyear, volume number, name of the law report and page number do not need to be included.Ø When referencing legislation, set it out as follows: Section 9(2)(a)(b)(c) of the Civil Liability Act 2003 (Qld). Thiscan then be abbreviated to “s9(2)(a)(b)(c) CLA” for the remainder of the “Law” and “Application”Formatting Instructions:Ø You will need to complete an electronic coversheet on Learning@Griffith before submitting your assignment.DO NOT include a cover page or title page in your assignment.Ø You must use a header or footer, include your name, student ID, tutor’s name and workshop day and time, onall pages of your submission (eg. Student’s Name, s1002030, Tutor’s Name, Monday 2pm).Ø Your answer must be typed in 12 point font with margins of 1cm or greater on all sides. Answers should use thecorrect ILAC structure (format) as discussed in class. Answers should use single line spacing to acceptablyanswer the assignment.Ø Acceptable fonts are Arial, Century Gothic or Times New Roman. It is recommended that your answers aresingle-spaced to allow you sufficient space to answer the question thoroughly.Submission Instructions:Ø When submitting to SafeAssign please ensure your submission filename includes: Your name, student numberand the words “Assignment Final”. For example, Student’s Name_1002003_AssignmentFinal.Ø Please only submit Microsoft Word documents.Ø DO NOT include a direct copy of these instructions, the ILAC scenario, the short response questions or rubric inyour submissions. If you do, your paper will be very closely scrutinised for plagiarism and will be penalised by10% of the available marks.Ø Please submit your final assignment to be marked into the “FINAL - Assignment Submission Point”, NOT theDRAFT folder. Staff will only check and mark the copy of your assignment submitted into the “FINALSubmission Instructions (Continued):Ø Submission points are located in the Learning@Griffith course website under Assessment.Ø A draft SafeAssign Submission Point is also available for you to check your work under Assessment.Ø You will be given two (2) attempts to submit your assignment. Make sure you obtain and retain proof of your finalsubmission by taking a screen capture or a print screen of your computer screen once your assignment has beensubmitted. If there is an error in uploading your assignment, late penalties will apply unless evidence can beprovided that it was submitted before the due date. It is the responsibility of each student to ensure that theyretain proof of their submission. For example if a blank document is submitted the student will be awarded “0”.Late Submissions:Ø Late submissions must be submitted to the “LATE - Assignment Submission Point” (up to 5 days with 5% penaltyper day consistent with GU policy). Assignments submitted by any other method will NOT be considered submitteduntil the assignment is submitted via SafeAssign.Extension Requests:Ø If you are unable to submit your assignment by the due date, you should apply for an extension of time.Ø Requests for extensions must be submitted online using the Assessment Extension form (via the Griffith“Assessment, Exams and Grades” website) before the due date.Ø Supporting documentation must be included with your application.Ø Any requests for an extension must comply with University Policy. Pressure of work commitments is not a validreason for an extension.Ø Informal requests (eg. In person, or via email) will not be considered.Ø Maximum extension periods may apply (from the due date), or the application may be denied. Extensions will befor a maximum of 7 days; most extensions are granted for a shorter period. This allows for marks to be released,and feedback to be given to all students within the time limes provided by the university.Penalties:Ø Failure to follow any of the instructions will result in a penalty of up to 10% per indiscretion.Ø All plagiarism will be reported and appropriate penalties will apply.Additional Instructions:Ø Please write your answers using full sentences and paragraphs. Bullet points are not appropriate for thisassignment (except in the ILAC answer when listing the “Issues” as questions and the “Law” section, as per themodel answers previously provided).Ø Please ensure you proof-read your work carefully as presentation, spelling, grammar and expression will all betaken into account when marking your responses.Ø Server or other IT issues are not an acceptable reason for late submission.
HYPOTHETICAL ILAC QUESTION: (20 marks)Kathy is a local Brisbane resident and she is the founder of ‘Lara Jean Pty Ltd’, a Brisbane-based companythat creates activewear for women. With the trend of being healthy and going to the gym increasing,demand for activewear has been rapidly intensifying and Kathy has been able to open 3 stores acrossQueensland.Since Lara Jean has been so successful, Kathy wants to expand the company interstate and obtains advicefrom Peter, the sole owner and financial advisor of ‘Precision Financials’. Peter started his sole practice afterhaving 20 years of experience as a finance advisor and is extremely well known for his professional servicesfor small business and retail chains. Kathy has no experience in running a business in States other thanQueensland, as it is where she grew up and she needs advice as to the company's position and whether it'sready to make the interstate move.During their initial meeting, Peter glances at Lara Jean’s Financial Statements from the prior year for the firsttime and then advises Kathy that her company is in a great financial position to make the move interstate. Inthe same meeting, he also tells Kathy that Western Australia is the perfect market for her to enter into as hebelieves that gyms in Perth are opening in record numbers and that her designs would sell "in no time".Kathy, being cautious about opening a new store so far from Brisbane, asks whether she should start smallwith a boutique store and whether Peter needed to do some more analysis on her company before giving hisfinal advice on her proposed move to Western Australia. Peter replies by telling Kathy to have moreconfidence in her designs and to open a grand store at the largest shopping centre in Perth. Peter reassuresKathy that he knows the retail market inside out since that is his speciality. He then states that normally hewould have to perform a more thorough financial analysis of Lara Jean, such as providing a written reviewand cashflow forecasting of the potential profits of Lara Jean in Perth, however, given the fact that LaraJean’s profit in the last year would pay for the new store in Perth, he does not consider it a risk.Peter then advises that Kathy should consider designing, manufacturing and selling sport shoes to go withher active wear since it's the "same sort of thing" anyway. Peter believes that she should launch her new lineof shoes at the grand opening of her new store in Perth, as that would be a great marketing strategy. Basedon this advice, Kathy invests $200,000 from Lara Jean’s profits to create a new designer shoe line and$300,000 on the fit-out and rent for the new store in Perth's largest shopping centre.After 2 months of the store opening, Kathy realises that there are not many customers coming into her storeand her shoes are not selling at all. She is also competing with a Perth resident, Margot, who owned ‘MumuMelons’, another active wear company that caters for both men and women. Kathy wants to terminate thelease for the Perth store and only concentrate on Queensland as she is now operating at a loss. Kathy wishesto sue Peter for $500,000 in damages in the Queensland courts as she believes her financial loss was due toPeter's advice.Advise Kathy on whether she is entitled to claim damages from Peter. Using the ILAC method, adviseKathy by making reference to any relevant provisions of the Civil Liability Act 2003 (Qld) as well as therelevant common law.Students do not need to discuss section 9 Civil Liability Act 2003 (Qld) when dealing with breach of duty.Students do not need to discuss defences to negligence or any liability under contract law.~ END OF HYPOTHETICAL FACTS ~
SHORT RESPONSE QUESTIONS (Each question is worth 5 marks)General Instructions:Students do not need to write a full ILAC answer for these Short Response Questions. Students are onlyrequired to write the ‘Application’ and ‘Conclusion’ portion of the ILAC answer and refer to the relevantsections of the Civil Liability Act 2003 (Qld) and/or case law in your answer. Students do not need to writethe ‘Issues’ or ‘Law’ portion of the ILAC answer.The maximum word limit is 150 words per Short Response Question.Each Short Response Question is worth five (5) marks.Question 1:Forestdale Shire Council is responsible for Stormy Beach in Rockhampton, Queensland. It’s a lonelybeach with a picturesque stretch of sand and surrounded by rocks, and it is not patrolled by anylifesavers. Harry and Ronald are walking down the beach one day when Harry, feeling confidentalthough he is a weak swimmer, plunges into the large waves and starts swimming towards a nearbyisland. Harry is immediately caught in a strong current and pulled underwater. Ronald dives into thewater and rescues Harry, but Harry almost drowns and suffers permanent injury. Harry wishes to sueForestdale Shire Council for $175,000 as compensation for his injury. Advise Forestdale Shire Councilwhether it owes a duty of care to Harry.Question 2:Ted orders a pizza from an Italian restaurant in Brisbane, owned by Johnny, who is also the chef. Thepizza contains rotten pineapple, and as result, Ted suffers food poisoning. His symptoms do not goaway, and in fact, worsen over the following week. Ted visits the hospital and is advised by the doctorsthat the food poisoning has worsened a pre-existing acid imbalance in Ted’s stomach, triggering astomach ulcer that is going to require extensive medical treatment, which is likely to cost approximately$800,000. Can Ted recover the cost of this medical treatment from Johnny? In your answer focus onwhether or not the harm suffered by Ted was caused by Johnny’s breach of duty.~ END OF SHORT RESPONSE QUESTIONS ~