SUBJECT NAME: Business Law SUBJECT CODE: MCR009 TRIMESTER 2 2020 FINAL EXAMINATION Universal Business School Sydney
Question 1 (15 Marks) 700 words (approx.)
Margaret and David were taking their 5-year-old grandson Joel for a walk along a pier at Newcastle beach in NSW. There was a fence that had been installed by the council. It had horizontal timber beams connected at heights of 1 metre and 2 metres. There was no other material between the beams.
David was walking slightly ahead. Margaret had been with Joel holding his hand, she briefly let him go slightly ahead. Margaret very briefly looked backwards as there was a dog behind. At that moment she heard a scream. Joel had fallen between the timber beams on the fence to the hard sand some nine metres below. Joel was severely injured.
At the entrance to the Pier there was a sign placed by the Council which read;
“The council recommends care with children when walking on the pier and will not be liable for any injury no matter how caused whether through the negligence of the council, their employees or contractors or otherwise”
Question 2 (15 Marks) 700 words (approx.)
Oscar aged 15 years is a promising football player and entered into an agreement with “Charlie’s Coaching” to have a years coaching at $40 a month.
Oscar hopes to play professional football when he leaves school.
He pays cash for the first two months but then decides he is not improving so refuses to pay for the balance of the contract.
Question 3 (15 Marks) 700 words (approx.)
Johnny Crash is a country and western singer in NSW who has a distinctive large red cowboy hat and has a hit song called “Fine blue Jeans”
Genius Jeans Pty Ltd run an advertisement that shows a cartoon character with a big red cowboy hat saying, “you look so fine in those Genius Jeans”.
Jonny has never given any permission to appear in an advertisement endorsing any product.
Question 4 (10 Marks) 400 words (approx.)
Danny buys a pet dog “Spanner” from Clem for $600 after answering an online add in which “Spanner” is described as 6 years old, toilet trained and 40 kg.
Clem brings “Spanner” to Danny’s house. Danny gives Clem the $600.
As Clem is walking away he says to Danny “I hope you enjoy Spanner. I promise he is a very gentle and friendly dog”
Two weeks later “Spanner” bites the postman on the leg.
Question 5 (5 Marks) 200 words (approx.)
Consider one or two cases that you have studied that has a finding that you consider unfair or commercially impractical.
Clearly outline your reasoning.