SEMESTER THREE 2018- BULAW5914 assignment
DUE: FRIDAY WEEK 9 BY 4pm – MUST BE SUBMITTED THROUGH TURNITIN ON MOODLE
Purpose
This significant task requires forward planning and adequate time for research, reading and reflecting. It comprises 35% of your assessment in this subject.
You should begin researching early to gather information and establish a plan of approach as soon as possible.
The purpose of the assignment is to enable you to achieve outcomes in knowledge, skill and application across the designated learning outcomes mentioned in the BULAW5914 course Description.
It is also to enable you to:
• Learn how to independently research a particular aspect of the law;
• Reflect on and consider particular legal issues;
• Demonstrate your understanding of relevant laws;
• Develop your knowledge about the subject area of your research;
• Demonstrate the ability to investigate, synthesise and analyse;
• Communicate your findings in a formal piece of work and meet a deadline;
• Enhance your written communication skills; and
• Apply your legal skills.
The total length of your assignment must be no more than 2,500 words. Do not include the references or bibliography in your word count.
Assignment Assessment Criteria
You will be assessed on the extent to which you have:
• Answered the set question(s);
• Been able to identify, set out and discuss relevant legal issues;
• Justified your position by reference to use of appropriate legal sources, particularly cases and legislation where appropriate;
• Analysed, argued or discussed as required by the task questions; and
• Engaged in legal research and made use of relevant secondary legal sources, in particular a number of legal texts, internet sites and academic (peer reviewed) journal articles and books beyond the Latimer textbook.
ANSWER BOTH QUESTIONS.
Question 1.
The Samsung Galaxy Note 7 is now a discontinued Android smartphone that was produced and marketed by Samsung Electronics. It was officially released in August 2016 as the successor to the Galaxy Note 5. Late in 2016, Samsung suspended sales of the Galaxy Note 7 and announced an informal recall after it was found that a manufacturing defect in the phones’ batteries caused some to generate excessive heat. Some overheating phones resulted in fires and physical injuries to customers. In October 2016, Samsung permanently ceased production of the Galaxy Note 7 and formally recalled this device. In furtherance to the recall, Samsung took measures to restrict the battery capacity of the phone and to block the ability of the phone to connect to wireless networks.
Jane purchased one of the first released Samsung Galaxy Note 7’s in late August 2016 and in January 2017 she suffers significant burns to her hand as a result of the overheating phone. Whilst discarding the smouldering phone, her BMW car caught alight and was completely destroyed. Explain Jane’s rights against Samsung under the Australian Consumer Law (ACL) and in negligence. In your discussion, outline the possible damages and defences that might be relevant and raised. Consider which cause of action would be preferable to Jane and justify your response. In your response you must support our argument with appropriate cases and legislation. (20 marks)
Question 2.
Late one night Alan accepts a lift from Steven despite both being drunk, having drank alcohol at the same venue throughout the afternoon. Steven drove negligently to seemingly impress Alan, but in doing so lost control of his car, running into a stationary truck. Both Alan and Steven were seriously injured; they were found unconscious and taken to hospital where a doctor observed that the driver smelt of alcohol and he was later criminally charged. Steven suffered a fractured leg that required long-term rehabilitation and treatment. Alan suffered a serious hand injury. His hand is now stiff and unusable, he also suffered less serious injuries to his lower spine. While Alan regained mobility following prolonged medical treatment and rehabilitation to his spine, he is unable to return to his former role as a computer technician due to the injuries he sustained to his hand. He blames Steven, and wants to sue him. Advise Alan about the likely success of his action in negligence. Refer to cases in your answer (15 marks)
(Total marks: 35)