Jason v Handy Pty Ltd Case Study - Business Assignment Help

Assignment Task :

(1)Essay Question  
A former High Court judge, Justice Lionel Murphy, once wrote that the doctrine of precedent is eminently suitable for a nation overwhelmingly populated by sheep as the doctrine requires a judge, whenever they are faced with a decision, to always follow what the last person who was faced with the same decision did.

Required
In no more than 600 words what does the doctrine of precedent mean and do you agree with the comments made by Justice Lionel Murphy?
OR
 

(2)Essay Question 
Some businesses are concerned about the increasing risks posed by negligence claims and the consequent rising costs of liability insurance and there is a view held by these businesses that these risks are beginning to overshadow the benefits of remaining in business.
 

Required
In no more than 600 words do you agree that the law of negligence is expanding at too fast a rate and that this is creating too much risk for business? In your answer choose type of case (e.g. grape cases or nervous shock cases or any of your own choice) and discuss what concerns you see with the law of negligence in that type of case from a business point of view and also briefly refer to recent tort reform changes that have tried to limit this growth in business risk.

Students must answer both of the following two Case Studies:
(3)Case Study- Question
On 10 February 2020 Ian made David a very attractive offer for the sale of a valuable antique. Ian was anxious to close the deal quickly and he insisted on a signed written memorandum of sale being prepared outlining the terms of the sale agreement. David verbally stated, before signing this sales agreement that any sale of this valuable antique was “subject to legal advice” being obtained by David. After making this statement, both Ian and David signed the sales agreement. David wanted the sale agreement “subject to legal advice” as he had had some bad experiences recently where certain ‘valuable’ items had either been proven to not be genuine or to have been stolen. Despite this concern, David did not think to include the term “subject to legal advice” into the signed written agreement.
The following day David received legal advice that advised against selling the valuable antique to Ian as there were some claims that the antique had been stolen.
David let Ian know the bad news concerning the proposed sale of the antique and as such the sale could not go ahead. Ian was furious pointing out that there was a signed written agreement.

Required
Discuss, in no more than 600 words, the likely outcome in this contract law dispute between David and Ian giving reasons.
 

(4)Case Study- Question 
Jason v Handy Pty Ltd
Handy Pty Ltd is a company that manufactures and sells power tools used by tradespeople and handypersons alike. Jason purchased one of Handy’s electric saws for $200 from a Handy Pty Ltd retail store. Jason was planning on using this electric saw to cut some wood that he had purchased a week before as he intended to build a ‘cubby/play house’ for his young son to play in the back yard.
One Saturday morning, a few days after purchasing this electric saw, whilst he was cutting some wood, the electric saw started vibrating wildly and before Jason could turn off the power the metal blade came loose and cut into Jason’s left hand. The blade became loose as small metal screws holding it in place came loose and this regularly occurs due to a manufacturing design fault that has been known to Handy Pty Ltd for some time.
It is also acknowledged by Jason that just seconds before this accident happened Jason had been distracted by his dog barking in the backyard.
Jason’s hand was cut quite severely and although the bleeding eventually stopped, Jason was taken to the local hospital to have his hand looked at. The doctor at the hospital advised Jason that Jason required 12 surgical stitches as the cut to Jason’s left hand was quite deep and long.
Due to the injury to his left hand Jason was unable to work for two weeks and as he had no sick leave he is claiming his lost wages of $4,000 and his medical bills of $3,000 from the manufacturer of the electric saw- Handy Pty Ltd under the law of negligence. Handy Pty Ltd has argued in response to Jason’s claim that it did not actually make the electric saw product and that this electric saw was actually made overseas in China and so Handy Pty Ltd should not be held responsible.
 

Required
Advise, in no more than 600 words, both Jason and Handy Pty Ltd as to their legal rights in relation to this legal dispute under either the law of negligence or under
Australian Consumer Law principles.

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