Kindly make this 2000 words with complete refrencess.

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Kindly make this 2000 words with complete refrencess.
	
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HA2022 BUSINESS LAW 
TRIMESTER 2, 2012 
RESEARCH ASSIGNMENT

Assessment Value: 20% 
 
Instructions:

1. This research assignment is to be submitted in accordance with the Holmes 
Institute submission policy. 
2. Due date of submission is 5pm, Friday 21st September 2012. 
3. Late submission will be treated in accordance with the Holmes Institute 
submission policy. 
4. This assignment consists of two questions. Each question is worth 10 marks. 
5. Maximum marks available are 20 marks. 
6. You should refer to the prescribed textbook, other recommended textbook, and 
relevant Acts and cases in your answer. 
7. Maximum word length is 2000 words.Question 1 
 
A Sydney tramway passenger was injured in a collision with another tram, which occurred 
after the driver collapsed at the controls. The plaintiff argued that the collision could have 
been avoided if the tramway authority had fitted the tram with a system known as ‘dead 
man’s handle’, a system in use on Sydney’s trains. This would have stopped the tram and 
avoided the accident. The device had been rejected by the tramway authorities because it 
was felt that it could cause drivers to become tired, irritated and inefficient. There was no 
evidence of any similar device in use on two-man trams anywhere in the world. Will the 
plaintiff succeed in his negligence claim? Explain your reasoning. 
 
Question 2 
Jonas was employed by Rapid Couriers as a courier. His father was employed at the same 
company and worked with his son. One day while making a delivery, the son lost sight of 
his father, who was directing him, and accidentally ran over him. Discuss whether the 
father would successfully sue his employer.

David · Accepted Answer

Answer 1 
The plaintiff cannot succeed in his litigation. There is no evidence to the argument of the 
plaintiff regarding setting up of system called dead man’s handle. There is no proof that any 
similar kind of device being used by anyone else in the world. So he cannot claim compensation 
on this basis. However he can claim compensation on the basis of Third Party Claims.  
Third party claim can be made by the injured or his relatives who has incurred any injury due to 
negligence of the motor vehicle driver(greenberg, 2011). These claims are paid by the Road 
Accident fund. Compensation under this fund can be made under following circumstances:- 
 The Injured himself can claim when injury has occurred due to negligence of the motor 
vehicle driver 
 The relatives of the injured can claim 
The plaintiff will also have to prove negligence of the driver. He will have to prove that the 
driver was not driving as a reasonable driver under normal circumstances will drive. If the 
plaintiff is also guilty of negligence then the law decides the apportionment basis. If the driver is 
not negligent but the fault is of the owner of the vehicle then the owner is held guilty and driver 
can have a third party claim(greenberg, 2011).  
Claim can be made for :- 
 Injury caused to the body 
 Loss of support. 
Injury caused to the body- the plaintiff in such case can claim for the following:- 
 Medical expenditure borne and the expenses on hospital treatment 
 Earnings lost if the person cannot go to work during the treatment 
 Any mutilation of the body part as well as the body ache and pains he went through.  
Claim for loss of support can be made if the sole earning member of the family dies in the 
accident (greenberg, 2011). In such a case the dependents of the person so lost in accident can 
claim for the loss of support. This claim can be made only if that sole earning member was 
supporting the dependent by providing basic necessities like food, shelter and clothing. This 
means the person who died should have legal responsibility to support the dependents. For 
example a widow can claim for herself and her children if her husband died due to negligent 
driving of the driver.  
Procedure for claim:- 
The time limit for filing a claim has to be within three years from the time the accident 
happened, but this is only possible in the case when we know who caused the accident( Simmons, 
2000). In some cases the person who caused accident is not known than the claim can be made 
within two years. In both the cases it is necessary to reach the Road Accident fund on time else 
there will be no right to claim left.

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