Preview

Commercial Law

Powerful Essays
Open Document
Open Document
19508 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Commercial Law
COMMERCIAL LAW MODULE 2 TUTORIAL QUESTIONS

QUESTION 1

Pete buys a bottle of suntan lotion from his local chemist shop. The lotion which is manufactured by Barnetts Pty Ltd, had acid in it, which had been added to the mixture by one of the workers in the factory who had failed to read the label on the tin properly. When Pete applied the suntan lotion he suffers third degree burns and has to pay high medical and hospital expenses.

Advise Pete whether he has a claim against the manufacturer?

Go to the Tutorial Answers in this Module for the answer to this question.

QUESTION 2

Jack Smith who has only one good leg is employed by the Council as an attendant in a children's playground and his job requires that he act as wicket keeper for the children when they play cricket.

Jack's one good leg is seriously injured when a fast ball crashes into him. He sues the employing Council alleging breach of duty in failing to provide protective guards.

Discuss the general nature of care and discuss whether Jack Smith's common law action would be affected by the fact that he previously had only one good leg.

Further state whether he can recover damages for further injuries he sustains when falling from his crutches in the hospital grounds.

Go to the Tutorial Answers in this Module for the answer to this question.

QUESTION 3

Norm, a mild-mannered RMIT student, is driving home from lectures one evening and stops at the Georgia Chicken Bar for some food to take home. He buys a QUIK-PAK of chicken, which he starts to eat as he drives along the South Eastern Freeway. One piece of chicken has a peculiar flavour, so Norm turns on the car light, takes a quick glance and sees that he has been eating a crumbed fried mouse. He feels ill immediately and loses control of the car, which crashes into a car in the next lane, driven by Paul. Both Norm and Paul suffer injuries in the accident, and are taken to hospital. Norm's mother, Edna, visits him that

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Kuehn V. Pub Zone Summary

    • 885 Words
    • 4 Pages

    PL sues D in negligence for damages from injuries suffered caused by the D’s failure of meeting the duty of exercising reasonable care to protect PL, a business patron.…

    • 885 Words
    • 4 Pages
    Satisfactory Essays
  • Good Essays

    Johnny was riding in his mother’s car when another car hit them. He suffered several leg and rib fractures and was taken to the local hospital for treatment. His injuries included a closed fracture of the right Tibia, and closed fracture of the 3rd and 4t ribs on the right side. Treatment included the closed reduction of his fractures. The hospital submitted an insurance claim to his parent’s medical insurance for payment. The insurance company denied payment.…

    • 364 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Gng4170 Lecture Notes

    • 4235 Words
    • 17 Pages

    EXAM PREVIEW!!! – Negligence hypothetical question – Given the facts of a case, describe all relevant material covered in the notes, give legal justification and plausible decision.…

    • 4235 Words
    • 17 Pages
    Good Essays
  • Good Essays

    Samantha Smith Case

    • 800 Words
    • 4 Pages

    In our case Samantha Smith had an accident in a retail store where she slipped on shampoo that had leaked from the bottle and suffered a broken hip. In her suite against the store Samantha claims the store is at fault; however, the store claims that Samantha failed to exercise due care while shopping and that she is partially to blame for the accident. The three articles below pertain to our case in one way or another.…

    • 800 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Business Law

    • 447 Words
    • 2 Pages

    Fiduciary Duty after Francis Pusateri retired; he met with Gilbert J. Johnson, a stockbroker with E. F. Hutton & Co., Inc., and informed Johnson that he wished to invest in tax-free bonds and money market accounts. Pusateri opened an investment account with E. F. Hutton and checked a box stating that his objective was “tax-free income and moderate growth.” During the course of a year, Johnson churned Pusateri’s account to make commissions and invested Pusateri’s funds in volatile securities and options. Johnson kept telling Pusateri that his account was making money, and the monthly statement from E. F. Hutton did not indicate otherwise. The manager at E. F. Hutton was aware of Johnson’s activities but did nothing to prevent them. When Johnson left E. F. Hutton, Pusateri’s account—which had been called the “laughingstock” of the office—had shrunk from $196,000 to $96,880. Pusateri sued E. F. Hutton for damages.…

    • 447 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Business Law

    • 911 Words
    • 3 Pages

    2. State whether the following provisions in a note impair or preclude negotiability, the instrument in each instance being otherwise in proper form. Answer each statement with either “Negotiable” or Nonnegotiable” and explain why.…

    • 911 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Business Law

    • 2135 Words
    • 9 Pages

    In the case in the text where someone purchased a used safe at an auction for $50, but…

    • 2135 Words
    • 9 Pages
    Good Essays
  • Satisfactory Essays

    Business Law

    • 1102 Words
    • 5 Pages

    No, for the new contract to be enforceable there must be some added features that benefit both parties, although not necessarily to an equal extent.…

    • 1102 Words
    • 5 Pages
    Satisfactory Essays
  • Satisfactory Essays

    Business Law

    • 255 Words
    • 2 Pages

    The following situations are similar (all involve the theft of Makoto’s laptop computer), yet they represent three different crimes. Identify the three crimes, noting the differences among them.…

    • 255 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    The plaintiff Helen Palsgraf was standing at the platform station of Long Island Railroad Company after buying her ticket and waiting for her train. Suddenly, a man carrying a package rushed to catch another train that was moving away from the platform. He jumped into the train but he could not keep the balance and was about to fall when a railroad guard on the car reached forward to grab him and another man in the platform push him from behind to help him board the train. During this process the man’s package which contained fireworks but guards were not aware of because it was wrapped in newspaper, fell in the railroad track and exploded. As a result of the explosion scales reached Hellen Palsgraf who was in at the other extreme of the platform causing physical injuries. The Hellen (plaintiff) sued the company (defendant) claiming it was liable for negligence. The jury in a trial verdict enters the judgment in favor of the plaintiff. The defendant appealed claiming the plaintiff was not able to prove that the railroad company was negligent, but the appellate court affirmed the verdict. The defendant appealed further to the New York highest state court which reversed the judgment.…

    • 752 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Business Law

    • 394 Words
    • 2 Pages

    80. As courts decide cases involving the Internet and new kinds of issues not addressed previously, what role, if any, does precedent play? What role should it play? What difficulties could arise?…

    • 394 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Business Law

    • 905 Words
    • 3 Pages

    3. For a crime to be committed, the prosecutor must be able to prove a criminal intent and an overt act to carry out that intent. Jack and Mary agreed to rob a series of banks. Prior to beginning their bank robbery spree, they were arrested and charged with criminal conspiracy. What act did Jack and Mary do that justifies a finding that they committed the crime? Explain.…

    • 905 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Legal Law Firm

    • 1350 Words
    • 6 Pages

    The legal issue is whether or not George is liable for Adam’s injury due to the…

    • 1350 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Unit 8 PA253 Assignment

    • 521 Words
    • 3 Pages

    the other hand, Polly tells Mr. Smith that she is not able to give him an answer to his question, he…

    • 521 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    Bmgt 380, Business Law I

    • 430 Words
    • 2 Pages

    With this case, I really did not feel that the jury needed to know additional medical information the facts brought out in trial clearly showed that McNeil was aware of the dangers. As for other cases, I believe that it should be up to the attorneys to fully break down the information so that the average person can understand it. As I stated above a negligent act has 3 basic areas, prove those areas and you can prove the case without technical information.…

    • 430 Words
    • 2 Pages
    Satisfactory Essays