CLWM4000 Commercial Law Assignment
Due: 30th January 2015 (5pm)
Length: 1500 words +/- 10%
Note the following when answering the assignment question
1. Use the IRAC method
– A good answer will identify the issue/s in question, state the relevant law clearly, apply the law to the facts in the question and argue well using relevant cases
2. It is your responsibility to be familiar with Kaplans policy on
Plagiarism
Referencing acknowledging source of research materials
Student misconduct
Turnitin – similarity
QUESTION (25 MARKS)
Mark, Peter and Mary were out on a Saturday night celebrating the successful formation of a new business venture. They went to a special restaurant up in the hills, Hilltop Point, to mark this occasion. After a great night of eating and drinking, they decided to continue their party at Watchout Point, a scenic hilltop spot with a spectacular view of the city. On their way, they stopped at a bottle shop to buy 2 bottles of premium French champagne.
When they reached Watchout Point, they parked the car at the car park which was located at the top of the cliff. There was a 2 meter fence to prevent people from going beyond that point as it was not far away from the cliff edge. There were no warning signs but the cliff was very visible. Anyone can very clearly see the cliffs. In fact, the cliff was part of this beautiful scenery which attracted visitors. At first, the trio sat in the car and chatted and drank champagne. As the night progressed Peter, who had too much to drink, got out of the car and dared the others to climb over the fence and walk to the edge of the cliff. While the others were reluctant, Peter climbed over the fence and walked to the edge of the cliff. He lost his balance and fell off the cliff and broke his leg. Peter wishes to sue the Willow Council who is responsible for Watchout Point.
What must Peter do to establish a breach of duty by Willow Council? Is Peter likely to succeed in establishing such a breach? Give reasons for your answer.
The champagne bottle that the trio purchased had a very special kind of cap. Instead of the usual cork held in place by wire, it had a metal cap and a cork stopper. Mark opened the cap and tried to pour the champagne into a glass. When nothing came out he shook the bottle a little. The cork stopper suddenly ejected and hit Marks nose. He sustained a blood nose and was in pain for 3 weeks. There wasnt any warning anywhere in the bottle about this kind of cap. This sort of cap is very common in France and used by most French wineries.
Mark wishes to sue the wine company. Will he succeed? What must he establish?
Use the IRAC (Issue, Rule, Application & Conclusion) method to answer your question.