ATMC BUS503 PRINCIPLES OF COMMERCIAL LAW
DUE DATE: Friday 17 May 2015 (midnight) (Week 9)
TOTAL MARKS: 80 marks (40% of overall assessment)
WORD LIMIT: 2000 words (+/- 10%)
SUBMISSION: Submit your work electronically in Black Board under the Assessment tab. Ensure that you include a cover page with your name, the name of your tutor and day and time of your tutorial.
QUESTION (80 marks/ 40% assessment)
Ravi is a first year student at USC and he is studying Business, with a major in Accounting. Archana and Ravi are in the same Business law and Ethics class (Ravi thought the course might be too hard and left it ‘til his last year). Archana likes Ravi. She thinks his clothes are a bit old fashioned and he seems a bit sleepy but still she likes him.
Archana knows that Ravi works at McDonald’s as a Manager. She decided to meet her friends at McDonald’s on her 18th birthday and hoped that Ravi would be on duty … and he was. Ravi thinks Archana is nice but he’s rather more interested in her friend Lakshmi, who is a bit older: she’s 19.
On the night of Archana’s 18th birthday, Ravi was the manager on duty. It was a long and busy night and Ravi had to help behind the counter cooking the hamburgers and chips because one of the staff had called in sick. At around 9:00 pm, Dara, who is employed at the McCafe approached Ravi, who was tending the bar, and told him that someone had been sick near the main door.
“Have you cleaned it up, then?” yelled Ravi over the noise of the customers.
“Yeah, yeah,” said Dara “But it’s an awful mess.”
Ravi thought he’d better go check but just then Lakshmi came up to the counter to order. Ravi nudged past the other counter attendant to serve her and completely forgot about the ‘awful mess.’
Archana could see Ravi smiling at Lakshmi and ate more chips plus some vodka she had brought into McDonald’s in her water bottle. By the end of the evening Archana was very intoxicated.
About 10:00 am, Archana was ready to head home. She stumbled toward the main door and, in a final attempt to gain Ravi’s attention, turned to wave him goodbye. She slipped on the ‘awful mess’ and fell on her back with a thud. Archana was wearing the latest fashion in stilettos – shoes with two inch platforms and 5 inch, very narrow heals. As she fell the right heel of her shoe broke away from the sole causing a particularly twisted, heavy fall. It turns out that someone had spilt cream from the birthday cake onto the vomit on the floor creating a doubly slippery surface, according to forensic investigations.
Archana sustained a fracture to her lower back and will need surgery. She will have to lie in bed for some months in order to recover. She’ll have to give up her part-time job at Safeway. Fortunately no one else was injured. It was reported that the mess was seen and avoided by others at the party.
Archana’s interest in Ravi has turned sour. She wishes to sue Ravi in Negligence. Advise her as follows:
1. Did Ravi owe Archana a duty of care at the time of the incident? (15 Marks)
2. Can Archana prove that Ravi breached a duty of care owed to her? (15 Marks)
3. Can Archana prove the element of damage in an action against Ravi? (15 marks)
4. Could Ravi raise any defences? (15 marks)
5. What damages Archana be entitled to if she is successful in her claim? (5marks)
• Provide an introduction and conclusion (5 marks).
• Further marks will be allocated for structure, expression and referencing (10 marks)
You are asked to ignore any questions of vicarious or occupiers’ liability. Confine your discussion to a consideration of Ravi’s personal liability in negligence.
1. Demonstrate knowledge of current legal principles relevant to a critical analysis of the problem scenario.
2. Demonstrate creative problem solving by applying relevant legal principles through a synthesis of law and facts.
3. Demonstrate professional research and communication skills by interpreting and transmitting knowledge of legal principles and skills in problem solving.
• Use Times New Roman 12 or Ariel 12 font and 1.5 line spacing.
• Answer the questions as posed.
• Use the materials provided to you in BB in answering the questions, in addition to your textbook.
• Refer to the legislation relevant to your state as required and not to other legislation.
• State the relevant law and apply it to the facts of the case study.
• Do not make up facts. If you need more facts to resolve an issue indicate that more information is needed and explain what difference it would make to your conclusion.
• Refer to the legal authority for each legal principle stated, whether a section/s of legislation or cases.
• Use Harvard referencing by placing case names in the body of your text in brackets. Reference the full case citation at the end of your work.
• State the title of the legislation in full when first referred to in your work. You may thereafter abbreviate it. You need only reference the legislation in full once in your end reference list.
• Avoid spelling mistakes, particularly in relation to legislation and cases.
• Avoid grammatical errors. Use full sentences and structured paragraphs.