Assignment 1 Due date: 27 May 2013 Weighting: 25% of the total marks for this course Expected length of answers: 2500 words in total Answer all questions. There are 100 marks in total for this TMA. Notes to students 1 Please identify the issues in your answer. There are often several issues in one question. 2 State the legal principle applicable to each issue, including relevant case law and legislation, then analyse the facts and apply the principle to them. 3 Your answer may cover matters not discussed in the study units. Question 1 (60 marks) In September 2012, Mr Fok, a professional driver, collided with a motorcycle while attempting to turn right off Castle Peak Road between Yuen Long and Tuen Mun. The rider of the motorcycle, Mr Chan (a dancer), was badly injured. Mr Fok was given a breathalizer test. That test revealed a concentration of 110 mg of alcohol in 100 ml of breath, some five times the prescribed legal limit. Later, in the Tuen Mun Magistrates’ Courts, Mr Fok was convicted of careless driving and of driving a motor vehicle with an alcoholic concentration in his breath exceeding the prescribed limit. Mr Fok, based on a District Court’s decision in 1997, files an appeal against the sentence to the Court of First Instance. Mr Chan intends to sue Mr Fok and the claim is estimated to be about HK$8 million. In relation to the collision in September 2012, please answer all of the following questions: a Advise Mr Fok on whether he can safely rely on a District Court’s decision in his appeal by explaining the principle describing the situation that higher court decisions are binding on lower courts. (10 marks) b The success of Mr Fok’s appeal depends on how the judge will interpret the phrase ‘without due care and attention’ as appearing in section 38(2) of the Road Traffic Ordinance (Cap 374). Mr Fok wants to know how the judge will interpret the legislation. Advise Mr 2 LAW B262 Business Law I Fok on the three common law rules applicable to the interpretation of legislation with illustrations from relevant legal cases. (20 marks) c Advise Mr Chan as to whether he should initiate criminal or civil proceedings by explaining the differences between the two kinds of proceedings. (20 marks) d Advise Mr Chan on which court he should bring his claim to, and briefly describe the function and duties of this court. (10 marks) Question 2 (40 marks) On Monday, Alan inspected Betty’s car at her house and offered to pay HK$10,000 for it. Betty wanted HK$12,000. Later in the day, Betty wrote to Alan and stated that she would take HK$11,000. The letter was received by Alan at his home on Tuesday morning. At 4 pm on Tuesday afternoon, Alan, at his office, wrote a letter to Betty accepting her offer. On his way to post the letter Alan met Betty’s friend, Catherine, who told him, ‘I gather that Betty has finally sold her car.’ Betty had, indeed, sold the car. Alan posted his letter and, upon arriving home, discovered a message on his telephone recording machine from Betty. The message was left at 3 pm; Betty had stated, ‘I withdraw my offer.’ Later, Alan bought a similar car for HK$12,500. Required: Based on the facts given above, analyse in detail and advise as to whether there is a valid contract between Alan and Betty