Bachelor of Applied Management Assignment 2022

Auckland International Campus
Bachelor of Applied Management
CX551001 Commercial Law
Jan 2019
Assignment One (individual) 30%
Summary of the assignment
SECTION TOPIC MARKS
A Nature and Sources of New Zealand Law
B Legislation
c Statutory Interpretation
D Tort of Negligence
TOTAL MARKS
20
10
10
20
60

GENERAL INSTRUCTIONS
• This assignment is to be completed in students' own time and must be each
student's own work.
• Students should endeavor to answer questions in their own words. Where Text Books or
other resources are directly quoted from, then students are expected to appropriately
reference their source(s). Please use an APA style of referencing and a hand-out is
available from the Student Learning Services in the Library explaining this.
• Your assignment should have a cover page that includes:
The course description
Student name and ID
Lecturer’s name
• The Student's name and ID should also be included on the footer of each page.
• The assignment must be word processed in a size 12 font and 1.51ine spacing.
• Each new Section should be started on a new page. Students must ensure that they show
clearly which question they are answering. All questions must be answered.
• The assignment is to be submitted to the TURNITIN electronic drop box on the course
Moodle site by 11.59pm on the due date (Week 4- Wednesday). IN ADDITION, a hard copy of
the assignment is to be submitted to the Lecturer in class.
Word count – 2000 words

SECTION A TOTAL: 20 MARKS
NATURE AND SOURCES OF NEW ZEALAND LAW
Learning Outcome 1
1 Law and Society
In your words describe two (2) functions of law in our
societ y. (1 mark)
To start with, law plays an integral part in our society. The two major roles or functions are
social control and dispute settlement. Laws help in the maintenance of different social values
that different people have. Human behavior has to be put into order and the law come in to
help in this. Law also regulates human activities and there are penalties for those violating the
law. Famous individuals such as Roscoe Pound advocated for the use of law in the society
because it boosts social control hence creating an organized society. Laws also govern the
political grounds of the country. This includes the use of law enforcement in implementing the
laws and judicial bodies tasked with interpreting the law.
The Second aspect of law includes its essence in dispute settlement. This is one of the most
important functions of law in New Zealand. Justice is provided to the people but the courts
especially when grievances are being settled. It is the law that stipulates what penalty is given
to those on the wrong side and what reward is given to those on the right side of the law.
Common law is the Bill of Rights Act, 1999 that advocates for the freedoms and rights of the
people. Without the presence of law for social control and settlement of disputes, the society
could not be in order.

2 Law and Ethics
Harry was involved in a protest against the further logging of West Coast native forest s . He was
arrested for trespass while chained to a tree. When he appeared in Court he justified his
actions by claiming that his trespass was insignificant compared with the destruction of native
forests.
(a) Using the facts of this situation, explain the difference between the moral
validity and legal validity of Harry's actions.
(2 marks)
The moral validity here is that Harry is rightfully advocating for the prevention of illegal logging in the
West Coast Native Forest. The law does not recognize how destructive logging is, but only looks into acts
of trespass. Legally, Harry may be punished for trespassing but his act of trying to protest against logging
in the forest is morally right. His action of protest shows how morally upright he is, though on the wrong
side of the law. As such, it is true to say that, his actions are morally right and illegal at the same time. It
is moral to advocate for the prevention of illegal logging because this kind of logging leads to the
destruction of the forest, (Winter & Jones, 2017, 34). On the other hand, it is illegal to trespass on a
demarcated property. Contrary to this, the law protects native forests and this is the pride of many
natives. Harry is therefore on the right side ideologically.