Purpose
This is a significant task that requires forward planning and adequate time for research, reading and reflecting. It comprises 35% of your assessment in this subject.
You should begin researching early to gather information and establish a plan as soon as possible.
The purposes of the assignment are to enable you to:
- develop your law reading, research and writing skills;
- enhance your understanding of law as a dynamic process;
- learn how to independently research a particular aspect of the law;
- reflect on and consider particular legal issues;
- demonstrate understanding of the legal environment, including relevant laws as well as economic, ethical, social/cultural, international and political issues;
- develop your knowledge about the subject area of your research;
- demonstrate the ability to investigate, synthesise and analyse;
- communicate the findings in a formal piece of work and meet a deadline;
- enhance your analytical and written communication skills; and
- apply your legal skills.
Task
Read: Paul Latimer, Australian Business Law (a 2012-2015 edition) ¶4-010 to ¶4-173; and ¶7-215.
Watch the ABC Catalyst segment ‘Energy Drinks' available (with transcript) at:
http://www.abc.net.au/catalyst/stories/3826162.htm
Questions
1. In relation to the energy drinks that were described in the segment, explain the basis of any liability in the tort of negligence that the manufacturers of those drinks might have to Australian consumers. Leave aside any question of the amount of damages, but in your answer refer to common law legal principles and (where relevant) to any relevant civil liability statute provisions that apply in your State. You should assume that the energy drinks were manufactured and packaged in Australia.
2. Can the Australian consumers of the energy drinks you considered in question 1 bring any Australian Consumer Law (ACL) cause of action under Part 3-5 against the manufacturers of those drinks? If so on what grounds could they bring such an ACL action and what defences might the manufacturers put? Again leave aside any question of the amount of damages. Also, you should again assume that the energydrinks were manufactured and packaged in Australia.