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CO5119 Business Law Assignment 2 Instructions to Students This assignment carries 30% of the marks for this subject. The word limit is 1,500 words and the front cover of your assignment should note...

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CO5119 Business Law



Assignment 2


Instructions to Students


This assignment carries 30% of the marks for this subject.


The word limit is 1,500 words and the front cover of your assignment should note the total word count used.


This assignment is intended to provide you with the opportunity to consider a range of legal issues that can arise in contract and/or negligence in the course of carrying on a business and to develop your ability to research and analyse problems from the perspective of those legal issues. You are expected to think through the issues thoroughly, consider all parties’ rights and liabilities and provide a reasoned solution to the problems posed by the facts. In particular, you will need to ensure that you cover each of the specific matters that are set out in the question.

The Question (ANSWER ALL PARTS)


Part (a)


Paul was playing golf with two friends at his local golf course in a weekend golf competition. Paul hit a drive and proceeded to walk forwards along the fairway towards where his golf ball landed. Paul was approximately 50 metres from Wayne when Wayne decided to hit his golf ball. Wayne thought it was safe to hit because Paul was near a line of trees that provided some cover. Unfortunately Paul is hit in the face by Wayne’s golf ball.


Paul is considering bringing legal proceedings against Wayne.


REQUIRED


Will Paul be successful if he brings legal proceedings against Wayne? In your answer refer to relevant sections of the Civil Liability Act 2003 (Qld) and to any relevant case law.

(10 marks)


Part (b)

Paul is also considering bringing legal proceedings against the Golf Club. He believes that the Club should have installed protective fencing to allow players and spectators to safely move along the side of fairways without being struck by golf balls. However the club say that they cannot be liable because they are protected by wording that appeared on the back of a scorecard.


Peter, who was playing golf with Wayne and Paul when Paul got hit, was handed a scorecard by the Golf Club. The scorecard contained the wording:


“This golf club accepts no responsibility for any loss, harm, injury or death howsoever suffered by any person that enters this golf course”


The writing on the back of the scorecard was particularly small and Paul has difficulty seeing small print. Further, Paul states that he never saw that scorecard. Although, Paul is a regular player at the course and has on numerous occasions been the player responsible for keeping score by using scorecards supplied by the Club (that contained the exact same wording on the back of the card).


REQUIRED


Does the wording on the scorecard protect the Golf Club from liability in relation to the injury Paul has sustained?

(10 marks)


Part (c)

Worse is still to come for Paul. Paul does not seek any medical treatment for his injuries. He believes he merely has some slight concussion and a bad scar from the incident. However, after two weeks his eye sight starts to deteriorate. It turns out that there has been some permanent damage to his left eye as a result of the incident.


A specialist report from medical professionals reveals that if Paul received treatment in relation to his eye within 48 hours after the incident he may have avoided permanent damage.


Paul is furious because his weakened eyesight means that he can no longer work as a commercial airline pilot. Paul retires from his job as a pilot.


Without the income from his job, Paul is forced to sell his investment property. Paul believes that the housing market is at a 5 year low. Paul’s real estate agent told Paul that if he was able to hold onto his investment property for another 12 months he would make $50,000 more on the sale. Paul says he must sell to cover his living expenses.


Paul believes he is entitled to an order for damages resulting from the incident at the Golf Club. Paul wants to claim all his future medical expenses in relation to his left eye, plus 10 years’ worth of lost income (he was due to retire in 10 years), plus $50,000 loss resulting from the early sale of his investment property.

REQUIRED


Advise Paul regarding damages. Which amounts can Paul claim as damages resulting from the incident at the Golf Club?

(10 marks)





Answered Same Day May 17, 2020 CO5119

Solution

Vineet Kumar answered on May 23 2020
128 Votes
8
CO5119 Business Law
Assignment 2
Part (a)
Issues:
In the given scenario, the main issue is:
Whether or not, Paul will be successful if he
ings legal proceedings against Wayne?
Rule
Civil Liability Act (2003) describes the definition of the negligence. As per this act, negligence takes place when an actor is careless or perform an action without knowing the circumstances of action and such action causes injury or damage to someone else (Stickley, 2013). Negligence can be established where a person (actor) owed a duty of care to another person (victim). The duty of care can be proved through three elements that are:
· The duty of care is owed by the defendant to the victim;
· Breach of duty of care;
· Some injury or damage takes place due to
each
As per the definition, a person who owed a duty of care should have to follow the reasonable standard before doing an action. If that person fails in doing so then he or she will have
eached the terms of the duty of care (Stewart and Stuhmcke, 2017).
Breach of duty may take place if:
· An actor who owed a duty to other knew the risk of harm;
· Taken risk was not i
elevant; and
· In such circumstances, a reasonable person would have taken precautions against the risk (Stewart and Stuhmcke, 2017).
In above situation, if
eached of duty has taken place, a court considers the seriousness of the harm and burden of precaution to avoid the risk factor. This act considers physical injury.
Analysis
According to the given scenario, Paul was a part of weekend golf competition. further, he got an injury when he processed to walk to see the actual landing position of his ball’s landing. As per scenario, there was a huge distance between Paul and Wayne when a hit of Wayne hit in the face of Paul. In this situation, the duty of care is applicable as it is expected from Wayne that he will use the standard of care in taking shot to hit the gold ball. But the scenario reflects that Wayne did not follow the duty of care as he avoids the safety of Paul by assuming their existing location in the ground as a safe place for him. Further, he did not give warning to Paul about his hit and its target that reflects his i
esponsible behavior. This situation will define that Wayne did not follow the standard of care that was expected of him as a golfer. Further, the i
espective action of careless act of Wayne causes physical injury to Paul. These facts, therefore, will help Paul to establish above defined three elements related to the
each of the duty of care while the i
espective action of Wayne will help Paul to establish the term of
each of duty.
Conclusion
As per the above discussion related to the case, it can be stated that the case has included each possible aspects related to the negligence that will help Paul to...
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