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This essay will be designed to test the student’s research skills and deal with a practical real life scenario in a business law context. The student will need to be aware of and have a good knowledge...

This essay will be designed to test the student’s research skills and deal with a practical real life
scenario in a business law context. The student will need to be aware of and have a good knowledge
of the business regulatory environment.
The Question
A study of torts as they apply to business situations, in particular the torts of negligence and
misrepresentation, 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 real
life situations:
Explain the legal components of the torts of negligence and a misrepresentation. What steps
need to be proved to show that either has occurred?
How might these two different torts apply to a business situation, eg., considering the care
and maintenance expected within a retailer’s premises where customers might visit, the
quality 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 just
members of the public?
 What might be the consequences to a business of a situation where an injured or
disgruntled client has suffered some loss?
 What defences are available to a business where an individual is claiming to be injured, or
has 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 tortious
act?
 Whether there is any role for statutory or public authorities who should be protecting the
interests 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 of
the business, might take action against the business, and what they might expect to gain
from that action?
 What other torts, besides negligence and misrepresentation, which might also be applicable
to the actions of a business.
 To make any interesting observations regarding the application of tortious principles as they
may apply in the business world.



Oct 07, 2019
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