Instructions: Please read and re-read carefully to avoid mistakes.
1. Research on an Australian case on negligence from the list below (page3).
2. Select the party you wish to represent - i.e. Plaintiff or Defendant. There is no need to choose bothparties.
3. Read the original text of your case and understandit.
4. Group report:Write a report outlining thefollowing:
a. Case introduction.
b. The facts of thecase.
c. The issues raised by both plaintiff anddefendant.
d. The arguments presented by bothparties.
e. The judgment of thecourt.
f. Critical analysis of why the court decided in favour of or against the party you chose (i.e. plaintiff or defendant). Some points to consider for your analysis:
i. If your chosen party won the case, why was its case stronger or more compelling than the other party's case? Why did the court agree with its arguments?
ii. If your chosen party lost the case, why was its case weaker or less compelling that the other party's case? Why did the court disagree with itsarguments?
5. Group report must be submitted via Safe-Assign onBlackboard.
6. Group presentation:Present the report in class or video recording.Your lecturer will advise which is moreappropriate.
a. If in-class presentation, all members must present on the day. If videopresentation, groups must show to the satisfaction of the lecturer that all group members made a reasonable contribution to the groupwork. Students not participating in the presentation will merit a mark of Zero for presentation.
b. Non-compliance with this requirement will result in a failing mark or a fail will berecorded.
7. Video link must be uploaded to a publicly viewable video-sharing platform(ex. Youtube, Dropbox, Google drive) and the video link uploaded onBlackboard.
IMPORTANT REMINDERS:
- You must email your lecturer your chosen case and list of group members by week 5. You must obtain approval from your lecturer of your case beforestarting work on it. Please note: failure to obtain lecturer approval will result in a failing mark for the entire group for the groupassignment.
- All group report submissions must be de done online and run through Safe-Assign. No hard copies are to be submitted. Only one group member needs to submit for the wholegroup.
- Please fill in the "Rubric Group Report" sheet (available in Blackboard under "Assignments and Due dates) and attach as a cover sheet to your groupreport and upload onBlackboard.
- Each team member also must also submit to their lecturer a "Peer Evaluation of Individual Participation in Group Assignment" sheet (available in Blackboard under "Assignments and Due dates) with theirpresentation/video.
- No submission of either the group report or video presentation link on Blackboard/Safe-Assign is equivalent to non-submission, which will merit amark of 0 (zero) for the groupassignment.
- GROUPS OF LESS THAN 3 AND MORE THAN 5 PEOPLE WILL RECEIVE A PENALTY OF 10POINTS.
- Late submissions will be subject to Holmes Institute policy on student assessment submission and late penalties (please refer to subject outlineand Studenthandbook).
- All reports are expected to observe proper referencing in accordancewith Holmes Instituteregulations.
BUSINESS LAW CASES TO CHOOSE FROM:
1. Nagel v Rottnest Island Authority(1993)
2. Modbury Triangle Shopping Centre v Anzil(2000)
3. Roads and Traffic Authority v Dederer(2007)
4. Esanda Finance v Peat Marwick Hungerfords(1997)
5. Fallas v Mourlas(2006)
6. Rogers v Whitaker(1992)
7. Caltex Oil v Dredge(1976)
8. Perre v Apand (1999)
9. L Shaddock v Parramatta City Council(1982)
10. Wyong Shire Council v Shirt(1980)
11. Hawkins v Clayton(1988)
12. Koehler v Cerebos (Aust) Ltd(2005)
13. Horne v Queensland(1995)
14. Peter Joseph Haylen v NSW Rugby Union Ltd(2002)
15. Flavel v State of SA(2008)
16. Tame v NSW(2001)
17. Annetts v Australian Stations Pty Ltd(2001)
18. Hackshaw v Shaw(1984)
19. Baker v Gilbert(2003)
20. Australian Safeway Stores v Zaluzna(1987)
21. Koowarta v Bjelke-Petersen [1982] HCA 27
22. Hedley Byrne & Co Ltd v Heller & Partners Ltd [1964] AC 465
23. Fisher v Bell [1961] 1 QB 394
24. Re Warumungu Land Claim; Ex parte Attorney General (NT) (1988) 77 ALR 27
25. Swain v Waverly Municipal Council [2005] HCA 4
26. Goldman v Hargrave [1967] 1 AC 645
27. Strong v Woolworths Ltd [2012] HCA 5
28. Grant v Australian Knitting Mills [1936] AC 85
29. Lister v Romford Ice and Cold Storage Co Ltd [1957] AC555
30. Ford & Anor v La Forrest & Ors [2001] QSC 261