Commercial Law
Assignment
(BULAW5914)
Federation Business School
CRICOS Provider No. 00103D
(VIC); 01266K (NSW); 02235J
(SA)
SEMESTER ONE 2019- BULAW5914 assignment
DUE: THURSDAY WEEK 10 BY 4pm – MUST BE SUBMITTED THROUGH TURNITIN ON
MOODLE
Purpose
This significant task 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 of approach as soon
as possible.
The purpose of the assignment is to enable you to achieve outcomes in knowledge, skill and
application across the designated learning outcomes mentioned in the BULAW5914 Course
Description.
It is also to enable you to:
• Learn how to independently research particular aspects of the law;
• Reflect on and consider particular legal issues;
• Demonstrate your understanding of relevant laws;
• Develop your knowledge about the subject area of your research;
• Demonstrate the ability to investigate, synthesise and analyse;
• Communicate your findings in a formal piece of work and meet a deadline;
• Enhance your written communication skills; and
• Apply your legal skills.
The total length of your assignment must be no more than 2,500 words. Do not include the
references or bibliography in your word count.
Commercial Law
Assignment
(BULAW5914)
Federation Business School
CRICOS Provider No. 00103D
(VIC); 01266K (NSW); 02235J
(SA)
Assignment Assessment Criteria
You will be assessed on the extent to which you have:
• Answered the set question(s);
• Been able to identify, set out and discuss relevant legal issues;
• Justified your position by reference to use of appropriate legal sources, particularly cases and
legislation where appropriate;
• Analysed, argued or discussed as required by the task questions; and
• Engaged in legal research and made use of relevant secondary legal sources, in particular a
number of legal texts, internet sites and academic (peer reviewed) journal articles and books.
Scenario
In January 2019, Priya gave birth to a baby boy named Aaru. While she was still in hospital
recovering from the birth, Priya’s husband Rahul went to a large retail store called Baby’s R Us and
asked a sales assistant there what would be the best baby’s cot for a new born baby. The sales
assistant, William, suggested either of two cots would be suitable: the “Lullaby Wonder” or the
“Sleep Sound”. He suggested that the Lullaby Wonder is quite solid, and so once assembled, it is
best to be kept in that state, whereas the Sleep Sound is more portable and can be easily
assembled and disassembled, suitable for using in different places.
As Privya and Rahul enjoy travelling in their car, and seeing different parts of Australia, Rahul
purchased the Sleep Sound so that it could be taken on their frequent holidays, and would fit
easily into their car, a Toyota Corolla. Within two months of Aaru’s birth, the family set out on
their first overnight adventure with the Sleep Sound. They stay overnight in an Airbnb. While Aaru
sleeps in the Sleep Sound, Priya and Rahul watch television in another room. When Priya later
checks on Aaru, she is shocked to see that the Sleep Sound has collapsed, and folded, trapping
Aaru inside. Aaru is crying, and they immediately take him to hospital, worried that he may be
injured. Priya is also treated at the hospital for shock.
Baby’s R Us bought a large one off shipment of the Sleep Sound from Lars Aaberg, an importer
who they have lost touch with. Thus, they remain unsure as to who the manufacturer of this
particular cot is.
Commercial Law
Assignment
(BULAW5914)
Federation Business School
CRICOS Provider No. 00103D
(VIC); 01266K (NSW); 02235J
(SA)
Please answer both questions:
1. Advise Priya and Rahul what rights they may have to sue in the tort of negligence. Please
refer to case law principles and statutory provisions in your answer. (15 marks)
2. Advise Privya and Rahul if they can sue under Part 3-5 of the ACL. If so, who would they
sue, and on what basis? Please refer to specific statutory provisions of the ACL in your
answer. (20 marks)
(Total available marks: 35)