Understanding of Common Law and Statutory Tortious - Law Assignment Help

Assignment Task:

Task:

Apply knowledge and understanding of common law and statutory tortious, contractual concepts in order to analyse and solve practical problems. Presentation & style:
• Organises a clear and coherent answer
• Write clearly, accurately and grammatically
• Punctuates appropriately.

Content and knowledge:
• Identifies and explains the relevant area of common law and statutory legal systems
• Integrates relevant cases and legislation to support their answer to the legal problem
• Applies the legal principles and legislation to the facts of the legal problem
• Concludes the answer to the legal problems, including any defences, remedies or penalties.

QUESTION 1 18 Marks
Patrick had always wanted to try para-sailing. Parasailing involves becoming airborne by means of a parachute being towed at high speed by a boat. Patrick attended the office at Sky Thrills Pty Ltd, a provider of para-sailing activities and training, with the intention of trying para-sailing. Patrick signed a contract which provided, among other things, for basic training to a satisfactory level of competence and a statement that para-sailing is a sport which carries risks of injuries. The contract did not provide for any waiver of liability by Sky Thrills for harm resulting from failing to exercise reasonable care and skill in the provision of this activity. Patrick duly completed the required training and safety procedures. One of the safety procedures that was emphasised in training was only to use the parachute release lever while on the ground or in the water and not otherwise.

QUESTION 2 7 Marks
Jacob is interested in buying a small retail clothing business called ‘Sport ‘n Surf’ in Cronulla. One Saturday, Jacob runs into two former school friends, Rose, who owns a hairdressing salon in Cronulla and Geoff, who is a business broker specialising in matching prospective business buyers with sellers in the hotel sector. Jacob tells Rose and Geoff that he is considering buying the business. Rose tells Jacob that Cronulla is booming and that the business is sure to do well, as everyone in Cronulla surfs and plays a sport of some description. Geoff, who is not an accountant, offers to have a look at the books of the business and give Jacob his view. The books of the business have been prepared by Water Accounting Services, the business’ usual accountants. Geoff inspects the books and tells Jacob that the business is doing well and that it made a profit of $120,000 last year. In fact, due to an error by Water Accounting Services, the profit was reported as $120,000 when in fact it was $12,000. Geoff advises Jacob that based on the past profit disclosed in the accounts and his own observations of the business, the purchase price sought by the sellers at $250,000 extremely reasonable.

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