SEMESTER ONE 2017 BULAW5914 Commercial Law Assessment Task 2: Assignment DUE: Thursday Week 9 by 6pm...

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SEMESTER ONE 2017 BULAW5914 Commercial Law Assessment Task 2: Assignment DUE: Thursday Week 9 by 6pm – Must be submitted through Turnitin Purpose This is a significant task that requires forward planning and adequate time for research, reading and reflecting. It comprises 35% of your assessment in this subject. You should begin researching early to gather information and establish a plan as soon as possible. The purposes of the assignment are to enable you to: • develop your law reading, research and writing skills; • enhance your understanding of law as a dynamic process; • learn how to independently research a particular aspect of the law; • reflect on and consider particular legal issues; • demonstrate understanding of the legal environment, including relevant laws as well as economic, ethical, social/cultural, international and political issues; • develop your knowledge about the subject area of your research; • demonstrate the ability to investigate, synthesise and analyse; • communicate the findings in a formal piece of work and meet a deadline; • enhance your analytical and written communication skills; and • apply your legal skills. Your work must comply with the format outlined in the University's General Guide to the Presentation of Academic Work publication, available online at: http://federation.edu.au/library/assignment-and-research-help/referencing The total length of the assignment must not be more than 2,500 words; do not include the references or bibliography in the word count. Submission of the assignment is due in teaching week 9 on Thursday by 6pm. Please note that late penalties apply to assignments where no alternative arrangements have been made with lecturing staff (subject to the discretion of the course coordinator). Assignment Assessment Criteria You will be assessed on the extent to which you have: (a) answered the set question; (b) used good English expression, correct spelling, good punctuation and grammar and have proof read your work; (c) used good logic and structure; (d) been able to identify, set out and discuss relevant issues, legal principles and cases, as appropriate; (e) used statutes and cases to support your arguments, as appropriate; (f) analysed, argued or discussed as required by the task questions; and (g) engaged in legal research and found, read and used other resources other than the text book – note the library’s law guide (and database resources) available at: http://libguides.federation.edu.au/c.php?g=14408&p=77324 See also http://www.carternewell.com/icms_docs/209260_Australian_Civil_Liability_Gui de_9th_edition.pdf Task Note this background: The Samsung Galaxy Note 7 smartphone was a product produced and marketed by Samsung Electronics and sold in Australia by Samsung Electronics Australia, and local electronics stores. Failures in the manufacturing process and design faults of the smartphone’s battery led to overheating problems. Read: • Paul Latimer, Australian Business Law ¶4-010 to ¶4-220; and ¶7-215 • https://www.choice.com.au/electronics-and-technology/phones/mobilephones/news/findings-samsung-galaxy-note7-investigation and • http://www.theaustralian.com.au/business/technology/exploding-samsungnote7-ruins-australian-hotel-room/newsstory/093d67da670f8c1ed20df88aafbb2f66 Answer all 3 questions 1. Explain the basis of any liability in the tort of negligence that any manufacturer or distributor of the Samsung Galaxy Note 7 might have to its Australian consumers. Leave aside any question of the amount of damages, but in your answer refer to common law legal principles and (where relevant) to any relevant civil liability statute provisions that would apply in your State. (15 marks) 2. Do the Australian consumers you considered in question 1 have any rights under Part 3-5 of Australian Consumer Law (ACL) against any manufacturer or distributor? If so, on what grounds could they have brought such an ACL action and what defence might a sued manufacturer or distributor have? Again leave aside any question of the amount of damages. (10 marks) 3. Discuss the role that the relevant caps on personal injuries damages might have played in limiting the extent of any possible tort or ACL liability that you considered in question 1 and in question 2. (10 marks) (Total marks: 35)

David · Accepted Answer

Answer 1.  
A person who gets injured or suffers any damage or loss may start compensation action on 
the basis of common law
i
 , that is, tort of negligence. Such a law is fault based. There are no 
specific laws or regulations on this for particular products like electronic products. There are 
separate laws for some goods like pharmaceutical products, food items, poisons, dangerous 
goods, weapons, agricultural products, motor vehicles etc. There is no specific law other than 
Torts and AUSTRALIAN CONSUMER LAWS (ACL) to cover the issues like the Samsung 
Galaxy Note 7 problems. The Australian Consumer laws are of recent origin and were 
created in 2011 only. Prior to such laws, the liability on the manufacturers for unsafe 
products was handled only by common laws i.e. law of torts or those governed under a 
contract laws. The laws were simpler and not very strict towards the manufacturer. That is 
why a need was felt to create more laws in favor of consumers which will ensure the 
consumer safety. Under general laws
ii
, the extent of liability for the product‟s defect depends 
upon the facts and circumstances of each case. It is a generally accepted principle that the 
producer of goods have a duty towards the buyer as well as the user to make them safe 
against the foreseeable risks of injury when they use the products in the intended manner. 
The above principle clearly requires that there should be adequate safety provision by the 
producer if the product has been used as per normal expectation. The Samsung galaxy Note -
7 was also being charged just like normal expectation. The safety features should have 
avoided its overheating and explosion. The middlemen in the distribution channel (that is 
retailers, importers and distributors) do not have the duty to check or inspect these products 
as they are sent in a sealed covers by the producer and the seals will normally be opened only 
by the consumer at any time after the purchase and before the usage. But if the retailer has 
any knowledge about the dangers, they are duty bound to inform the same to the consumers. 
If any of the parties in the supply chain makes an addition or modification to the product 
including packing and labeling, then that party also owes a common law duty to the 
purchaser and the user in respect of those changes. Under general laws, Samsung electronics 
shall be primarily responsible to the sufferers and the people who got injured due to the 
explosion of Samsung Galaxy note 7. The other people like distributors may not be covered 
by the common law as there no modifications on the product by the distributors.
Answer 2 
As per the AUSTRALIAN CONSUMER LAWS (ACL)
iii
 , the primary obligation to ensure that 
the products are free from safety defects is on the manufacturer and in some cases even on the 
supplier of such goods or services.

SEMESTER ONE 2017 BULAW5914 Commercial Law Assessment Task 2: Assignment DUE: Thursday Week 9 by 6pm – Must be submitted through Turnitin Purpose This is a significant task that requires forward...

Answer To: SEMESTER ONE 2017 BULAW5914 Commercial Law Assessment Task 2: Assignment DUE: Thursday Week 9 by 6pm...

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