[Essay Help]: JNB163-Commercial And Transport Law
JNB163-Commercial And Transport Law. Question 1
Anita is a student at the Newnham campus of the University of Tasmania. She lives adjacent to the campus. Every evening after finishing classes, she goes back home and brings her dogs to walk around this wide and beautiful campus.
On 13th August 2019, while Anita was walking her dogs, she met her classmate, Danny, and they engaged in a long conversation. Without paying attention, one of her dogs, Alan, went missing. She was very sad as Alan was the very first dog she has raised. On the 14 th August 2019, she hence put the following notice nearby the library:
“Missing dog, Alan, white poodle with silver necklace bearing its name 044 xxx xxx Reward Offered: One day free labour plastering, rendering, tiling, painting, odd jobs”
In the evening of 14th August 2019, while Leslie was walking around the campus, he saw this notice. After checking out the book from the library, he found Alan on his way home. He immediately gave a call to Anita as per the phone number given in the notice and brought Alan back to Anita’s house. In the morning of 17th August 2019, Leslie called Anita asking her to do tiling of his newly refurbished bathroom in his house. Anita refused to do so, maintaining there was no agreement between her and Leslie. Leslie was very angry. Knowing that you are studying Commercial and Transport Law, Leslie is now seeking your advice.
Discuss and justify your answer with reference as appropriate to legal principles and, if necessary, to relevant case authorities in support of your advice on whether there was a contract between Anita and Leslie and what right Leslie may have against Anita.
Jason is a regular shopper at Wonderworld Supermarket, a large nationwide supermarket chain who, since July 2018, established a branch in Mowbray, Tasmania. He goes there at least once a week and sometimes more often.
On 15th August 2019, while Jason was there, he slipped on some bananas on the floor in the vegetable section and he suffered leg injuries. The store manager called the ambulance and Jason was sent to Launceston General Hospital (LGH). According to the store manager, she was not sure how the bananas appeared at the vegetable section or how long they had been there, but the store’s policy is to do checking of the store’s floor every two hours. Jason’s incident was a first of its kind since Wonderworld Supermarket established its chain in Launceston.
At the LGH, the doctor performed operation of Jason’s legs. After the operation with few days of recuperation, Jason could walk although this was not without difficulty and must be with the assistance of a walking stick.
On 19th August 2019, the doctor deemed it was appropriate for Jason to be discharged from the hospital even though Jason still had to walk with the assistance of the walking stick. Jason was very glad. While he was walking out of the LGH, he slipped on an uneven floor nearby the LGH’s exit. Due to this, he suffered further injuries on his legs and he had to undergo a leg operation for the second time. He was very upset with all these series of misfortune.
On 31st August 2019, after Jason was discharged from the LGH and was fully recovered, he decided that he should sue and get compensation from Wonderworld Supermarket, whom he claimed was an initiator of all his misfortune. He wanted to claim AU$8,000 for his initial operation and AU$10,000 for the second operation, plus damages for his mental distress. He is now asking you for your advice on his prospect of success on his claim against Wonderworld Supermarket.
Advise Jason on his rights against Wonderworld Supermarket. In giving your advice to Jason, you must refer to appropriate relevant legal principles and, if necessary, to relevant case law authorities and relevant statutes (if any) in support of your advice.
Explain and demonstrate your understanding of a two-tier system and a three-tier system of compensation referred to in the below quoted statement:
“Civil liability for oil pollution is covered by various international conventions. Oil spills arising from oil carried as cargo or bunkers on board tankers is covered by a two-and for some countries three-tier system of compensation”.
Institute of Maritime Law 2008, Southampton on shipping law, Informa, London, p 254.
JNB163-Commercial And Transport Law
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