foundation of buiseness law

FOUNDATIONS OF BUSINESS LAW

ASSIGNMENT 1

DUE DATE: 9pm Friday March 20 th

INSTRUCTIONS TO STUDENTS

All assignments must be submitted electronically using Turnitin by 9 pm

Friday March 20th.

(SAIBT students please find out if you are also required to provide your

teacher with a hard copy of the assignment).

This assignment comprises FOUR questions that are based on the

information covered in Week 2: TOPIC 2 – Sources of Law and Week 3: Tort of Negligence.

ALL questions must be answered and the assignment is worth a total of

10 marks.

The maximum word limit for Assignment 1 is 500 words.

Note: extra marks will NOT be given for additional information that

exceeds the word limit. Marks may in fact be deducted.

This assignment is not an essay; therefore, an introduction and conclusion

are not necessary. You must, however, specifically answer the questions provided in a series of numbered sentences and paragraphs.

As this assignment is not a research assignment you can get all the

information you need from the lecture notes. The lecture notes can be

referenced as: “FBL – Lecture Notes 2015”. If you copy the information

directly from the lecture notes then you must use “inverted commas” and

indicate the page number.

Referencing Cases

When referring to a case in your assignment the complete citation (or reference) for that case must be provided.

Examples of case references are as follows:

Bolton v Madden (1873) LR 9 QB 55

R v Clarke (1927) 40 CLR 227

SVT v Best & Less (2001) 187 ALR 302

Williams v Roffey Bros & Nicholls (Contractors) [1991] 1 QB 1

Please attach a cover sheet and be sure to label your assignment with

your name and student identification number.

Read the following factual account:

James and Tom live next door to each other. On James’ property there is

a large gum tree which has loose branches that hang over Tom’s fence.

Tom is concerned that a strong wind could force the branches to fall off

causing damage his property or even injury to his family. Tom has written

to James on several occasions asking him to attend to the problem,

however, James has ignored the letters.

After a particularly windy night where the branches were crashing against

the roof of Tom’s garage, he went to James’s house to discuss the

problem. James ordered Tom off his property telling him to mind his own

business.

Several weeks later a heavy storm with gale force winds caused the branches from James’ overhanging tree to tear off and smash hard

against the roof of Tom’s garage. Part of the roof collapsed causing

extensive damage to Tom’s car.

Tom wrote to James seeking compensation for the damage caused by

James’ tree. Again, James has refused to acknowledge the letter.

Tom has come to you for advice regarding any legal rights that he may

have in relation to this matter.

Answer ALL of the following questions:

(1) Assume that you are a legal adviser and Tom has described the

events leading to the damage to his property, would you advise

him to take a civil or criminal action against James?

Explain why you have chosen this type of action.

[2 marks]

(2) What cause of action would you advise Tom to take against

James?

[1 mark]

State the name of the case that this cause of action originated

from and provide its reference.

[1 mark]

(3) List the elements of the cause of action that Tom would need to

prove in order to succeed.

Apply the elements of this cause of action to the facts.

[5 marks]

(4) What is the likely outcome for Tom of a successful action against

James?

[1 mark]

TOTAL: 10 marks