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BUSI 2301 : Business Law : Function of Law in the Society

Question: 

Section 1

Law and Business

1. Explaintwo (2) functions of law in the business environment and support your answer with reference to two (2) Acts of Parliament.  

The Constitution

2. Identifyfour (4) sources of New Zealand’s constitution.

3. Describethe three (3) main institutions of government in New Zealand and discuss how effectively relations between these institutions are regulated by the separation of powers doctrine.

4. Explainthe three (3) ways in which parliament is said to be “supreme” or sovereign.
 
5. Briefly explainhow the Mixed Member Proportional system of voting operates in New Zealand.

Treaty of Waitangi/Te Tiriti o Waitangi

6. Explain the meaning of “sovereignty’ as used in Article One of the English version of the Treaty of Waitangi and “kawangatanga” as used in Article One of the Maori version of Te Tiriti o Waitangi and discuss the role of the Waitangi Tribunal in reconciling these different interpretations.  
 
7. The decision of the Court of Appeal in NZ Maori Council v Attorney General [1987] 1NZLR 641 was seen as a landmark case in the history of the Treaty of Waitangi.  Explain one (1) reason why this case is considered legally  
 
Access to the courts and barriers to justice

8. Namethe Court (or tribunal) in which the following matters are most likely to be heard.  Briefly state one (1) reason why.

a. A claim for breach of an insurance contract seeking $4,480,000 in damages.
b. A claim in negligence for the sum of $111,000.
 
9. Discussthe effectiveness of The Disputes Tribunals Act 1986 in providing citizens with affordable and accessible resolution of civil disputes.

Section 2

1. Imran wishes to bring a claim against Sharon in negligence. Explain what the legal requirements are and advise whether Imran has grounds for legal action.  
 
a. State the legal issue.
b. Explain the relevant law and support your explanation with reference to case law.
c. Analyse the facts based on the relevant law
d. Explain reasons for damages payable, with reference to case law.  
 
2. Still with Case Study One, if Sharon was driving the company vehicle, explain the legal criteria that must be established to prove that her employer is vicariously liable.  
 
a. State the legal issue.
b. Explain the relevant law and support your explanation with reference to case law.
c.Analyse the facts based on the relevant law

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