BUSINESS LAW GROUP ASSIGNMENT

This is a group assignment. Students are to group themselves to a minimum of 3 and a maximum of 5 students per group. The assignment consists of 2 parts: a 2,000 word report (maximum) and an 8-10 minutes (maximum) in-class or video presentation.

Instructions: Please read and re-read carefully to avoid mistakes.

1. Research on an Australian case on negligence from the list below (page 3).

2. Select the party you wish to represent - i.e. Plaintiff or Defendant. There is no need to choose both parties.

3. Read the original text of your case and understand it.

4. Group report: Write a report outlining the following:

a. Case introduction.

b. The facts of the case.

c. The issues raised by both plaintiff and defendant.

d. The arguments presented by both parties.

e. The judgment of the court.

f. Critical analysis of why the court decided in favour of or against the party you chose (i.e. plaintiff or defendant). Some points to consider for your analysis:

i. If your chosen party won the case, why was its case stronger or more compelling than the other party's case? Why did the court agree with its arguments?

ii. If your chosen party lost the case, why was its case weaker or less compelling that the other party's case? Why did the court disagree with its arguments?

5. Group report must be submitted via SafeAssign on Blackboard.

6. Group presentation: Present the report in class or video recording. Your lecturer will advise which is more appropriate.

a. If in-class presentation, all members must present on the day. If video presentation, groups must show to the satisfaction of the lecturer that all group members made a reasonable contribution to the group work.

b. Non-compliance with this requirement will result in a failing mark or a fail will be recorded.

7. Video link must be uploaded to a publicly-viewable video sharing platform (ex. Youtube, Dropbox, Google drive) and the video link uploaded on Blackboard.

BUSINESS LAW (NEGLIGENCE) CASES TO CHOOSE FROM

1. Nagel v Rottnest Island Authority (1993)

2. Modbury Triangle Shopping Centre v Anzil (2000)

3. Roads and Traffic Authority v Dederer (2007)

4. Esanda Finance v Peat Marwick Hungerfords (1997)

5. Fallas v Mourlas (2006)

6. Rogers v Whitaker (1992)

7. Caltex Oil v Dredge (1976)

8. Perre v Apand (1999)

9. L Shaddock v Parramatta City Council (1982)

10. Wyong Shire Council v Shirt (1980)

11. Hawkins v Clayton (1988)

12. Koehler v Cerebos (Aust) Ltd (2005)

13. Horne v Queensland (1995)

14. Peter Joseph Haylen v NSW Rugby Union Ltd (2002)

15. Flavel v State of SA (2008)

16. Tame v NSW (2001)

17. Annetts v Australian Stations Pty Ltd (2001)

18. Hackshaw v Shaw (1984)

19. Baker v Gilbert (2003)

20. Australian Safeway Stores v Zaluzna (1987)