Commercial Law
Assignment
(BULAW5914)
Federation Business School
CRICOS Provider No. 00103D
(VIC); 01266K (NSW); 02235J
(SA)
Page 1 of 2
SEMESTER ONE 2018
DUE: FRIDAY WEEK 9 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 purposes of the assignment are to enable you to:
• Learn how to independently research a particular aspect 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.
Assignment Assessment Criteria
You will be assessed on the extent to which you have:
• answered the set question;
• been able to identify, set out and discuss relevant legal issues, legal principles and
cases, as appropriate;
• used statutes and cases to support your arguments, as appropriate;
• analysed, argued or discussed as required by the task questions; and
• engaged in legal research and found, read and used resources other than the text
book.
Commercial Law
Assignment
(BULAW5914)
Federation Business School
CRICOS Provider No. 00103D
(VIC); 01266K (NSW); 02235J
(SA)
Page 2 of 2
Task
Note this background: The Thermomix is the brand name for a type of high-end electrically
powered kitchen appliance. The appliances are made in France by a German company
Vorwerk & Co. KG, and exclusively imported to Australia by the company Thermomix in
Australia Pty Ltd. (“TIA”). TIA sells the appliance in Australia only through natural persons
(referred to as “consultants”) who have a contractual right from TIA to sell the appliance to
retail and trade customers.
Read: Paul Latimer, Australian Business Law (35th edition) ¶4-010 to ¶4-220; and ¶7-215.
Read: ACC taking Thermomix to Federal Court: https://www.choice.com.au/home-andliving/kitchen/all-in-one-kitchen-machines/articles/accc-takes-thermomix-to-federal-court-
160617. This is also available for download from the Moodle page for this course.
Answer all 3 questions
Consider only the position of the people injured mentioned in the above-mentioned report
published by Choice.
1. For those injured, explain the basis of possible liability in the tort of negligence that
any manufacturer or distributor of the Thermomix appliance might have to those
users. Leave aside the 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. (15 marks)
2. What role do the relevant caps on personal injuries damages play in limiting the
extent of possible tort of negligence liability that might be owed to the injured users?
In your answer, refer to the relevant civil liability statute provisions that apply in your
State. (5 marks)
3. Do the injured users have possible rights under Part 3-5 of the Australian Consumer
Law (ACL) against any manufacturer or distributor of the Thermomix appliance? If
so, on what grounds could they bring such an ACL action and what defences might
a sued manufacturer or distributor have? Leave aside any question of the amount of
damages under the ACL. (15 marks)
(Total marks: 35)