Company and Commercial Law Assessment
Scenario Melon's R Us
You are the risk manager of a melon farm grower, Melons R'Us which is located in New South Wales. You wake up on 3rd March 2018 to the following news on the radio.
Customer Warning
There has been an outbreak of listeria bacteria in New South Wales and Australia. Several people have fallen ill and are being hospitalised including some with serious illness who are in a critical conditions. Listeriosis can be caught from food containing listeria bacteria causing symptoms of high temperature, flu-like symptoms, vomiting and diarrhoea. Most people infected display no symptoms, but elderly and very young people are vulnerable.
When you are at work, you immediately start to investigate. You contact the authorities which inform you that there is indeed an outbreak and they are looking into the causes. To your dismay, the authorities indicate that the outbreak might be linked to melons. The authorities have been able to identify and interview the patients and all confirm that they have eaten sliced melon.
You decide to test your very popular product, the sliced melons and indeed, the test confirms that they are contaminated with listeria bacteria. Further investigation confirm that the product is sold wholesale but also via direct sale. You now have the following problems:
Jocelyn bought the melons directly from you at your shop in Victoria. She is a mother of three and pregnant with her fourth child. She is hospitalised and while her prognosis for her and the unborn child are good, she worries about the hospital bills and child care for her kids while she is in hospital.
1. Discuss what assistance/ financial compensation you would offer Jocelyn if you are taking your responsibilities under consumer guarantees, Part 3-2 Australian Consumer Law (ACL) and the associated remedies with this part into account. Use cases and statutes to support your recommendation.
Your sliced melons were bought by Yummy Stuff in Victoria. They have been contacted by one of their customer Arjun who had purchased and eaten the melons. He now does not feel that well and is seeking medical treatment. The doctor confirm that he has listeriosis and need medical attention albeit no hospitalisation. A few days off work, he is full time employed as an accountant for a big firm, and some medication should be fine.
2. Discuss what assistance/ financial compensation you would offer Arjun if you are taking your responsibilities under strict manufacturer liability, Part 3-5 ACL into account. Use cases and statutes to support your recommendation.
3. You start remembering your subject, 'Foundations of Company and Common Law' and the topics covered there. You decide to quickly and shortly sum up possible other legal risks that you might face. Take two other legal risks and explain how they might be applicable here.
IMPORTANT INSTRUCTIONS -
- You will have to answer ALL questions. Be strategic with how many words you are writing for your answer to each of the questions. Look at the points available for those questions.
- Make sure that you discuss any applicable legislative provisions and relevant case law if requested.
- Please note that if the facts do not warrant a discussion of all the elements of a legal risk, only the relevant elements should be discussed.
- Please do not question the facts of the scenario. There is also no need to discuss whether something can be proven or not.
- Only answer the question you are being asked and restrict your answer to the parts of the law you are asked to look at! If you venture outside the areas you are specifically asked to look at, you will get '0' points for that discussion.
Need to write this assignment with some relevant case examples and Australian Consumer Law and Australian Competition and Consumer Commission also needed to be searched for the thing.
The assignment needed to be done in IRAC model. And if things can be done like
1. Introduction
1.1 Overview
2. Australian Consumer Law
2.1 Consumer Guarantee
Issue
Rule
Application
3. Manufacturer Guarantee
4. Other Risk
4.1 Contractual
4.2 Negligence
5. Conclusion
Attachment:- Assignment Files.rar