Explain the various elements of the Australian legal system, such as the sources of Australian law, the jurisdiction of Federal and State Courts and the doctrine of precedent

This assignment is designed to assess your level of knowledge of the key topics covered in
this unit.
Unit Learning Outcomes Assessed:
• Explain the various elements of the Australian legal system, such as the
sources of Australian law, the jurisdiction of Federal and State Courts
and the doctrine of precedent.
• Possess a working knowledge of the tort of negligence, contract,
consumer protection, insurance and employment law. Prepare, analyse,
and interpret transaction data and financial statements for data-driven
decision- making;
• Apply the legal knowledge to factual situations, through written and/or
oral communication, to achieve a reasoned conclusion.
• Develop the ability to identify the relevant legal issues from a factual
situation and the application of statute and case law involves the use of
problem solving and decision-making skills.
Each week students were provided with three tutorial questions of varying degrees of
difficulty. The tutorial questions are available in the Tutorial Folder, for each week, on
Blackboard. The Interactive Tutorials are designed to assist students with the process, skills
and knowledge to answer the provided tutorial questions. Your task is to answer a selection
of tutorial questions from weeks 3 to 11 inclusive and submit these answers in a single
HA2022 Business Law – Tutorial Questions Assignment 2
The questions to be answered are:
Question 1 (7 marks)
(Note this question is from the Week 3 Tutorial)
In assessing whether a breach of duty of care has occurred, reference is made to the
standard of the “reasonable person”. Discuss how the reasonable person standard is
regarded in law and the factors the courts take into consideration when judging the
standard of care under both common law and in the civil liability reforms.
(Word Limit: Maximum 250 words)
Question 2 (11 marks)
(Note this question is from the Week 5 Tutorial)
The case of Carlill v Carbolic Smoke Ball Co Court of Appeal [1893] 1 QB 256; [1892] EWCA
Civ 1 was a landmark case from the Nineteenth Century (C19th). A link to information on
this case is provided below:
Refer to this case when answering the four (4) questions below, which are based on the
following scenario:
It is March 2019. Tasmin who is very health conscious is shopping one day and sees in the
local chemist a product called ‘Flu Stop’, manufactured by a company called ‘Sydney Flu
Shop’. The advertisement for ‘Flu Stop’ states:
“Flu Stop is a healthy alternative to the flu injection without needing to go to the doctor for
a needle. We offer a money back guarantee and $5,000 to any person who contracts the flu
within a reasonable time, after having used the Flu Stop every day for two months according
to the printed directions supplied with each bottle. Proof of receipt of purchase is also
required. $5,000 has been deposited at the National Australia Bank, Sydney for this purpose,
showing our sincerity in this matter.”
Tasmin doesn’t believe in vaccinations and doesn’t want to have a flu injection. The ‘Flu
Stop’ costs $70.00. Tasmin buys the product. She follows the instructions for 2 months. In
June 2019, after swimming at Icebergs in Bondi, Tasmin succumbs to a cold and then
HA2022 Business Law – Tutorial Questions Assignment 3
pneumonia. She was very ill and was hospitalised for several weeks. Tasmin contacts Sydney
Flu Shop in September to claim her refund and the $5,000. Sydney Flu Shop refuses to pay.
Answer the following four (4) questions in relation to the case study outlined above. Base
your answers on the Carlill v Carbolic Smoke Ball Co. case, as noted above. Provide
appropriate explanations in your answers.

  1. Was there a valid offer? (3 marks)
  2. Was there valid acceptance? (3 marks)
  3. What was the consideration? (3 marks)
  4. Was there an intention to form legal relations? (2 marks)
    (Word Limit: Maximum 500 words)
    Question 3 (7 marks)
    (Note this question is from the Week 7 Tutorial)
    In order for a party to rely on an exclusion clause, what must they show?
    (Word Limit: Maximum 250 words)
    Question 4 (7 marks)
    (Note this question is from the Week 9 Tutorial)
    Discuss what is meant by the term ‘supplier of a service’? Name and briefly explain an
    example of a guarantee relating to services.
    (Word Limit: Maximum 250 words)
    HA2022 Business Law – Tutorial Questions Assignment 4
    Question 5 (7 marks)
    (Note this question is from the Week 10 Tutorial)
    When taking out general insurance coverage, the insured party can choose between:
    market value, warranty of value, subject to average, or reinstatement or replacement.
    Explain the difference between each option noted above.
    (Word Limit: Maximum 250 words)
    Question 6 (11 marks)
    (Note this question is from the Week 11 Tutorial)
    Explain how a valid contract of employment may be created according to both common law
    and statutory principles governing contract law.
    (Word Limit: Maximum 500 words)
    Submission Directions:
    The assignment will be submitted via Blackboard. Each student will be permitted only ONE
    submission to Blackboard. You need to ensure that the document submitted is the correct
    Academic Integrity
    Holmes Institute is committed to ensuring and upholding Academic Integrity, as Academic
    Integrity is integral to maintaining academic quality and the reputation of Holmes’
    graduates. Accordingly, all assessment tasks need to comply with academic integrity
    guidelines. Table 1 identifies the six categories of Academic Integrity breaches. If you have
    any questions about Academic Integrity issues related to your assessment tasks, please
    consult your lecturer or tutor for relevant referencing guidelines and support resources.
    Many of these resources can also be found through the Study Skills link on Blackboard.
    Academic Integrity breaches are a serious offence punishable by penalties that may range
    from deduction of marks, failure of the assessment task or unit involved, suspension of
    course enrolment, or cancellation of course enrolment.
    HA2022 Business Law – Tutorial Questions Assignment 5
    Table 1: Six Categories of Academic Integrity Breaches
    Plagiarism Reproducing the work of someone else without attribution. When
    a student submits their own work on multiple occasions this is
    known as self-plagiarism.
    Collusion Working with one or more other individuals to complete an
    assignment, in a way that is not authorised.
    Copying Reproducing and submitting the work of another student, with or
    without their knowledge. If a student fails to take reasonable
    precautions to prevent their own original work from being copied,
    this may also be considered an offence.
    Impersonation Falsely presenting oneself, or engaging someone else to present as
    oneself, in an in-person examination.
    Contract cheating Contracting a third party to complete an assessment task,
    generally in exchange for money or other manner of payment.
    Data fabrication and
    Manipulating or inventing data with the intent of supporting false
    conclusions, including manipulating images.
    Source: INQAAHE, 2020
    If any words or ideas used the assignment submission do not represent your original words
    or ideas, you must cite all relevant sources and make clear the extent to which such sources
    were used.
    In addition, written assignments that are similar or identical to those of another student is
    also a violation of the Holmes Institute’s Academic Conduct and Integrity policy. The
    consequence for a violation of this policy can incur a range of penalties varying from a 50%
    penalty through suspension of enrolment. The penalty would be dependent on the extent
    of academic misconduct and your history of academic misconduct issues. All assessments
    will be automatically submitted to Safe – Assign to assess their originality.
    Further Information:
    For further information and additional learning resources please refer to your Discussion
    Board for the unit.
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