Description
ACADEMIES AUSTRALASIA POLYTECHNIC
MGL1112 – The Business and Legal Environment
Assessment 2A – 30 Marks This Assignment has 5 questions.
Word Length: 2000 words (excluding references)
Task Weight: 30%.
Date Due: Sunday, 1 September 2024 (11.59 pm)
Task Requirements: The ‘Case Scenario’ relates to the Law of Negligence.
CASE STUDY.
Harry and William, work in the Tourist Hospitality Industry in Victoria. Harry owns and drives a Mercedes – which transports tourists from the Train Stations to the City. William was recently promoted to the position of General Manager of a chain of Hotels in Melbourne Harbour.
Harry wanted to reward William with a gift- an ‘all-expenses’ paid dinner at the famous “Lulu’s Restaurant” in Geelong, Victoria. Harry made the booking, and they drove together from Melbourne to Geelong.
On arrival at the reception desk of the restaurant, they failed to notice a large Sign that stated … “Warning – As a result of our refrigerator breaking down two days ago, our Prawns have not been freshly frozen.
We exclude all Liability whatsoever, for any injuries caused by our Prawns meals.” Lulu, the owner and manager had not taken the Prawns off the menu because she thought she might suffer a huge financial loss. She was already in financial difficulties because of the recent lockdowns and interruptions.
Lulu, gave them a table – with a view – overlooking the bay. As she handed them the Menus, she made no comments about the Prawns not being properly refrigerated. William ordered the “Prawns” and Harry ordered the “King Yabbies.” While eating their meals, William drank beer and Harry drank red wine. As Harry poured the last glass of wine from the bottle, he suddenly saw in his glass, a dead decomposed Worm. He felt quite nauseous and complained of stomach pain. Likewise, after eating the Prawns, William also felt sick and was violently ill.
As they were leaving in a hurry to get to the local hospital, Lulu demanded they pay for their meals and beverages. Harry paid under protest. Lulu, the restaurant owner blamed the Manufacturer of the Red Wine “Salomon Wines” for the Worm in the bottle. Harry and William both ended up having medical treatment for gastroenteritis, and skin rashes caused by the Prawns and wine.
Harry suffered the following losses
– a. Loss of Profits ($10,000);
- Medical Expenses ($8000);
- Loss of an ‘English Government Contract’ for the Sale of Australian sheep ($20,000).
(Harry had no previous exporting experience, but accepted the unusual Contract because his Mercedes Business was not going too well due to the Pandemic.
As a result of the food poisoning and medical treatment Harry was unable to deliver, and therefore lost the Government Contract.)
William’s injuries resulted in the following losses
- Medical Costs ($6,000)’
- Loss of Earnings ($9,000)’;
- Loss of his ‘Hotel Accommodation Deposit’ ($3,000).
(William had paid the Deposit on his holiday Accommodation, at the Everest Hotel, in Perth).
As a result of the gastro and medical treatment, he had to cancel his holiday.
The Hotel Accommodation Deposit was non-refundable.)
Questions-
Ensure to ‘Number’ and ‘Answer’ each Question separately.
- Identify and discuss the 3 Elements of Negligence that William (as Plaintiff) must prove.
Discuss the 2 Defences that Lulu (as the Defendant) may argue.(10 marks) ………………………………………………………………………………………………….. ………………………………………………………………………………………………………………… …………………………………………
- Explain and discuss whether William is likely to recover damages for his losses- ‘Medical Costs’, ‘Loss of Earnings’, and ‘Loss of ‘Hotel Accommodation Deposit’. Give your reasons with supporting case law precedents. (4 marks) ………………………………………………………………………………………………….. ………………………………………………………………………………………………………………… …………………………………………
- Identify and explain the 3 Elements of Negligence that Harry (as the Plaintiff) must prove. Discuss the 2 Defences that Lulu (as the Defendant) may argue. (10 marks) ………………………………………………………………………………………………….. ………………………………………………………………………………………………………………… …………………………………………
- Discuss and explain whether Harry is likely to be able to recover damages for his losses – Medical Costs, Loss of Profits, and Loss of an ‘English Government Contract’. Give your reasons with supporting case law, precedents. (4 marks)
- Please answer ‘Yes’ or ‘No’ – to these two Questions . No explanation is required.
- Have you included – ‘In-Text’ Referencing? ……………( Yes or No?) – 1 mark
- Have you included – ‘A Reference List? …………………..( Yes or No?) -1 mark (Total 2 marks).
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