Reference no: EM131264454 , Length: word count:1500

Commercial Law Assignment

Assignment questions are fact based legal problems. The following Learning Outcomes will be assessed in the Assignment:

Apply knowledge and understanding of common law, statute law, and tortious, contractual and agency concepts in order to analyse and solve practical legal problems.

Presentation & style:

• organises a clear and coherent assignment;
• writes clearly, accurately and is grammatically correct;
• punctuates appropriately;
• references sources according to the Australian Guide to Legal Citation (see Referencing below) or in accordance with the referencing style adopted by the school that provides their course

Content and knowledge:

• identifies and explains the relevant area of common law and statutory legal systems;
• integrates relevant bases and legislation to support their answer to the legal problem:
• applies the legal principles and legislation to the facts of the legal problem: and
• provides a conclusion to the legal problems (questions raised), including any defences, remedies or penalties.

THE ASSIGNMENT QUESTIONS

Question 1 -

Daniel was a first grade league player of Western Tigers Rugby League Football Club. During a friendly game against the Parramatta Storms Rugby League Club (the "Parramatta Storms'), Daniel was tackled by Jack and Bronco. two Parramatta Storm players while carrying the ball forward. He was picked up off the ground and slammed bead first back into the ground by the two players in what is known as a "spear tackle". As a result of the tackle, Daniel was seriously injured and was forced to retire from the game at the peak of his career.

Arising from the incident in which Daniel was injured, the two Parramatta Storm players were charged by the National Rugby League with having made a dangerous throw in that in 'effecting a tackle on Western Tigers' player Daniel, they lifted him to a dangerous position causing him to fall head first to the ground". A dangerous throw is described under Section 10 of the National Rugby League's Laws of the Game as "If in any tackle or contact with an opponent, that player is so lifted that he is placed in a position where it is likely that the first part of a player's body to make contact with the ground will be his head or neck (the dangerous position) then that tackle or contact will be deemed to be a dangerous throw unless with the exercise of reasonable care that the dangerous position could not have been avoided." Both Jack and Bronco have pleaded guilty to the charges against them.

Discuss if Daniel can bring a negligence action against anyone; and if there are any legal defenses available to them? You must cite and discuss relevant case law principles to support your arguments in your answer.

Question 2 -

Potato farmers in the Goulburn region had a lucrative business selling their crop in Western Australia as the price of potatoes in Western Australia was more than double the prices elsewhere in Australia. The Jackson family was one of a number of potato growers in the Goulburn region of New South Wales, who sold potatoes to buyers in Western Australia. Lipton Pty Ltd (Lipton) sold potatoes seed to farmers and was a manufacturer of potato chips. Lipton sold an experimental batch of potatoes seed to the Jacksons" neighbour Tetley. another potato grower, The seed supplied by Lipton was infected with a disease called bacterial wilt' which contaminated Tetley's potatoes. Under Western Australia law, Tetley's potatoes could not be imported to Western Australia for a period of 5 years after the outbreak. Potato farmers within a 20 kilometre radius of Tetley's farm, which included the Jacksons" farm were also affected by the 5-year ban imposed under Western Australian law. The Jackson family, along with other potato farmers affected by the 5-year ban decided to sued Lipton for compensation for the economic loss they incurred as a result of being unable to export their potatoes to Western Australia.

Discuss if Jackson or anyone who is affected by the 5-year ban can bring an action for the economic loss suffered against Lipton Pty Ltd; and if they will be successful in such an action. In your answer cite relevant legal authority and discuss if there is any appropriate legal defences available to Lipton.