Explain the relevant area of common law and statutory legal systems
Industrial Law Project
Project questions are reality based mostly legal issues. The next Studying Outcomes shall be assessed in the Project:
Apply information and understanding of common law, statute law, and tortious, contractual and company ideas so as to analyse and resolve sensible legal issues.
Presentation & fashion:
organises a transparent and coherent task;
writes clearly, precisely and is grammatically right;
punctuates appropriately;
references sources in line with the Australian Information to Legal Quotation (see Referencing under) or in accordance with the referencing fashion adopted by the faculty that gives their course
Content material and information:
identifies and explains the relevant area of common law and statutory legal systems;
integrates relevant bases and laws to help their reply to the legal drawback:
applies the legal ideas and laws to the info of the legal drawback: and
offers a conclusion to the legal issues (questions raised), together with any defences, cures or penalties.
THE ASSIGNMENT QUESTIONS
Question Assignment 1 –
Daniel was a primary grade league participant of Western Tigers Rugby League Soccer Membership. Throughout a pleasant sport towards the Parramatta Storms Rugby League Membership (the “Parramatta Storms’), Daniel was tackled by Jack and Bronco. two Parramatta Storm gamers whereas carrying the ball ahead. He was picked up off the floor and slammed bead first again into the floor by the two gamers in what is named a “spear deal with”. In consequence of the deal with, Daniel was significantly injured and was pressured to retire from the sport at the peak of his profession.
Arising from the incident during which Daniel was injured, the two Parramatta Storm gamers had been charged by the Nationwide Rugby League with having made a harmful throw in that in ‘effecting a deal with on Western Tigers’ participant Daniel, they lifted him to a harmful place inflicting him to fall head first to the floor”. A harmful throw is described below Part 10 of the Nationwide Rugby League’s Legal guidelines of the Recreation as “If in any deal with or contact with an opponent, that participant is so lifted that he’s positioned ready the place it’s doubtless that the first half of a participant’s physique to make contact with the floor shall be his head or neck (the harmful place) then that deal with or contact shall be deemed to be a harmful throw until with the train of cheap care that the harmful place couldn’t have been prevented.” Each Jack and Bronco have pleaded responsible to the costs towards them.
Talk about if Daniel can convey a negligence motion towards anybody; and if there are any legal defenses out there to them? You will need to cite and talk about relevant case law ideas to help your arguments in your reply.
Question Assignment 2 –
Potato farmers in the Goulburn area had a profitable enterprise promoting their crop in Western Australia as the value of potatoes in Western Australia was greater than double the costs elsewhere in Australia. The Jackson household was one of a quantity of potato growers in the Goulburn area of New South Wales, who bought potatoes to consumers in Western Australia. Lipton Pty Ltd (Lipton) bought potatoes seed to farmers and was a producer of potato chips. Lipton bought an experimental batch of potatoes seed to the Jacksons” neighbour Tetley. one other potato grower, The seed provided by Lipton was contaminated with a illness known as bacterial wilt’ which contaminated Tetley’s potatoes. Beneath Western Australia law, Tetley’s potatoes couldn’t be imported to Western Australia for a interval of 5 years after the outbreak. Potato farmers inside a 20 kilometre radius of Tetley’s farm, which included the Jacksons” farm had been additionally affected by the 5-year ban imposed below Western Australian law. The Jackson household, together with different potato farmers affected by the 5-year ban determined to sued Lipton for compensation for the financial loss they incurred in consequence of being unable to export their potatoes to Western Australia.
Talk about if Jackson or anybody who’s affected by the 5-year ban can convey an motion for the financial loss suffered towards Lipton Pty Ltd; and if they are going to be profitable in such an motion. In your reply cite relevant legal authority and talk about if there may be any applicable legal defences out there to Lipton.
