Case Study Assignment on Commercial Law  2017 Assessment 2 – Essay Questions

Question 1 

Benji was a first grade league player of Western Tigers Rugby League Football Club. During a friendly game against the Parramatta Storms Rugby League Club (the “Parramatta Storms”), Benji was tackled by Jack and Bronco, two Parramatta Storm players while carrying the ball forward.   He was picked up off the ground and slammed bead first back into the ground by the two players in what is known as a “spear tackle”.  As a result of the tackle, Benji was seriously injured and was forced to retire from the game at the peak of his career.

Arising from the incident in which  Benji was injured, the two Parramatta Storm players were charged by the National Rugby League with having made a dangerous throw in that in “effecting a tackle on Western Tigers’ player Benji, they lifted him to a dangerous position causing him to fall head first to the ground”. A dangerous throw is described under Section 10 of the National Rugby League’s Laws of the Game as “If in any tackle or contact with an opponent, that player is so lifted that he is placed in a position where it is likely that the first part of a player’s body to make contact with the ground will be his head or neck (the dangerous position) then that tackle or contact will be deemed to be a dangerous throw unless with the exercise of reasonable care that the dangerous position could not have been avoided.” Both Jack and Bronco have pleaded guilty to the charges against them.

Discuss if Benji can bring a negligence action against anyone; and if there are any legal defences available to them? You must cite and discuss relevant case law principles to support your arguments in your answer.

Question 2

Harry is an engineer working in a project management in a merchant bank. His girlfriend, Zara is a town planner.  They have been living together in a rented flat for five years. In late 2010, they decided to think about investing together as well as buying a house. Harry discussed this with his work mates and friends Steve and George who were in various investment divisions in the bank. Steve is a commercial lawyer and he told Harry that getting in the Sydney real estate market is the best investment around. George is a financial adviser and he agreed with Steve that real estate was generally best although he said that there had been rumours about Federal Capital Gains taxes being increased to a higher rate. Harry passed all this information to Zara who also told her mother Hilary.

Harry and Zara borrowed $650,000 from the bank and used this and their savings to buy property at Parramatta. They rented the property to some students from UWS and moved in with Hilary in her home to save some extra money. Hilary sold most of her bank shares and bought another property

close to Parramatta which she rented to students from UWS as well.  Harry, Zara and Hilary did not try to get any other financial advice before investing in real estate market.

In April 2012, the government of New South Wales announced a mini budget and imposed a new land tax on all investment properties. The property market in Sydney collapses and Harry, Zara and Hilary discover that their properties are now worth less than 80% of what they paid for it earlier in 2010.  Hilary is particularly upset as her shares would have maintained their value if she had not sold it to buy the investment property. As a result of the investment disaster Hilary suffers severe stress leading to clinical depression.  She is unable to work in her usual occupation again.

Advise Harry, Zara and Hilary of any right they may have in this situation in the law of Negligence ONLY, giving full legal authority for your answers. Against whom would those rights, if any be exercised, and why?

Business Law Case Study Assignment on Commercial Law Quarter 3 2017 Assessment 2 – Essay Questions