BUS503 Principles of Commercial Law

Added on - 19 Sep 2019

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BUS503 PRINCIPLES OF COMMERCIAL LAWASSESSMENT TASK 2_ASSIGNMENT 2016-2017 ATMCDUE DATE: Friday (3pm) of week 9.TOTAL MARKS: 30 marks (30% of overall assessment)WORD LIMIT: 2000 wordsSUBMISSION: Electronically in Black Board under the Assessment tab. Ensurethat you include a cover page with your name, the name of your tutor and dayand time of your tutorial.
Trevor is the sole owner and operator of “Honey Bee Nature Appreciation Tours”(HB). He operates walking tours of Bushland surrounding the Bunya Mountains.The bush tracks used are not particularly strenuous. Trevor takes a group of no morethan six paying trekkers once per week on a six hour walk during day light hours toengage in bird watching and similar activities. Trevor insists that clients wearsensible shoes and clothing during the walks and that all walks are conducted duringdaylight. He explains that in the past he conducted night time trips but he cancelledthem after several trip and fall injuries to clients. He also supplies water andsandwiches. Trevor is an environmental science graduate of USC.Anna, a café owner, attends one of Trevor’s walks. She is dressed in shorts and shirtand a new pair of running shoes. Anna also brings a bottle of wine because it is herbirthday. During the midpoint break, produces the wine and offers it to other walkers,who refuse to imbibe. Anna drinks half of the bottle and feels a bit tipsy. Trevor leftthe walkers alone during the break to scout a new location. However, Trevor is lost inhis work and takes much longer than he thought. The team returned after sunset whenthe forest was dark. On the return walk, Anna’s feet become sore, so she changes outof her runners and into her high heel shoes that she brought with her as a backup. Atthis time, Trevor was observing the rare Marbled Frogmouth perched in a tree.Later near to the end of the walk, Anna’s heal catches on a tree root and she stumblesdown a hill side injuring her knee. Anna is transported to hospital. While in hospitalTrevor visits her and expresses his regret that the incident occurred. While Anna fullyrecovered in a month, she closed her café and decides to sue Trevor in Negligence andclaim 12 months in lost income and punitive damages to punish him.Advise Anna as to her case for Negligence against Trevor.Do not discuss anydefences apart from Contributory Negligence.ASSIGNMENT GUIDELINESThe following guidelines are based on a review of common errors made in BusinessLaw and Ethics assignments. Students are asked to read these guidelines carefullyas they will be taken into account in marking your papers. Students are also referredto guides to Harvard style referencing available from the bookshop and StudentServices.The information to follow is presented under the headings of:Content and analysisStructure and style.CONTENT AND ANALYSISGenerally the content (or coverage of the topic) is assessed according to two mainrequirements. These are:Demonstration of a knowledge of the law, assessed according to accuratestatement of legal principlesDemonstration of an understanding of the law, assessed according to logicaland coherent application of legal principles to the facts.The following guidelines stem from the requirements stated above: