ASSESSMENT DESCRIPTION:This essay will be designed to test the student’s research skills and deal with a practical real lifescenario in a business law context. The student will need to be aware of and have a good knowledgeof the business regulatory environment.The QuestionA study of torts as they apply to business situations, in particular the torts of negligence andmisrepresentation, but with some reference to other appropriate torts as applicable.In your essay you are required to demonstrate some research and reading on the following issues,and to make appropriate comment on different torts, with a reference to current examples from reallife situations:Explain the legal components of the torts of negligence and a misrepresentation. What stepsneed to be proved to show that either has occurred?How might these two different torts apply to a business situation, eg., considering the careand maintenance expected within a retailer’s premises where customers might visit, thequality and safety of goods and services supplied by a retailer/prover?What care should be taken when giving advice or directions to customers, or even justmembers of the public?What might be the consequences to a business of a situation where an injured ordisgruntled client has suffered some loss?What defences are available to a business where an individual is claiming to be injured, orhas suffered loss, as a result of the actions of the business?Whether there are any current or real life instances of business’s being liable for a tortiousact?Whether there is any role for statutory or public authorities who should be protecting theinterests of Australian (or even non Australian) interests or parties.How a consumer, member of the public, or any other party who is affected by the actions ofthe business, might take action against the business, and what they might expect to gainfrom that action?What other torts, besides negligence and misrepresentation, which might also be applicableto the actions of a business.To make any interesting observations regarding the application of tortious principles as theymay apply in the business world.
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