SEMESTER ONE 2016
DUE: FRIDAY WEEK 9 BY 9pm – MUST BE SUBMITTED ON MOODLE
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:
x develop your law reading, research and writing skills; x enhance your understanding of law as a dynamic process; x learn how to independently research a particular aspect of the law; x reflect on and consider particular legal issues;
x demonstrate understanding of the legal environment, including relevant laws as well as economic, ethical, social/cultural, international and political issues;
x develop your knowledge about the subject area of your research; x demonstrate the ability to investigate, synthesise and analyse; x communicate the findings in a formal piece of work and meet a deadline; x enhance your analytical and written communication skills; and x 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 by 9pm. The specific due date and procedure of submission will be advised by your lecturer. 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:
x answered the set question;
x used good English expression, correct spelling, good punctuation and grammar and have proof read your work;
x used good logic and structure;
x been able to identify, set out and discuss relevant legal issues, legal principles and cases, as appropriate;
x used statutes and cases to support your arguments, as appropriate; x analysed, argued or discussed as required by the task questions; and x found, read and used other resources – note the library’s law database resources available at http://libguides.federation.edu.au/c.php?g=14408&p=77324 and also note the Australian Civil Liability Guide which is available online at http://www.carternewell.com/page/Professional_Guides/Insurance__Australian_Civil_Liability_Guide_9th_edition/
Task
Read: Paul Latimer, Australian Business Law (a 2013-2016 edition) ¶4-010 to ¶4-220; and ¶7-215.
Read and listen to the ABC News item ‘Bonsoy toxic soy milk victims on track for share of $25m payout; thought to be record-setting settlement’ available (with link to the related sound file) at: http://www.abc.net.au/news/2014-11-24/bonsoy-iodine-victims-on-track-forshare-of-25m-payout/5913218 Answer all 3 questions
1. In relation to the reformulated Bonsoy soy milk product sold in the period from 2004-2009, explain the basis of any liability in the tort of negligence prior to the settlement that any manufacturer or distributor of Bonsoy might have had to its Australian consumers. Leave aside the 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. Prior to the settlement did 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 defences might a sued manufacturer or distributor put? 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)