Business Law Course - Overview, Assessments and Case Studies

For the vast majority of you, the law will be largely unknown, although you probably have a good grasp of the sort of behaviours proscribed by the criminal law. But since criminal law is not especially significant for business we will start by going back to first principles.Thus we look at how law is made, including a brief foray into the arcane world of constitutional law - the relationship between law and government.This includes the position of Te Tiriti o Waitangi – the Treaty of Waitangi - in New Zealand law.

We will then examine the fundamental relationship for business, that of the contract, how it is made, how a contract may be rendered ineffective as well as remedies for failure of performance. Since you are, and all your clients/customers will be, consumers we will examine the major categories of consumer law. We will also investigate our rights and obligations under the law of tort and in the process consider the significance of a snail which may, or may not, have been present in a bottle of ginger beer. We will also look at one or more other key areas of the law of relevance to business such as employment and intellectual property. 

The quiz will be sat on-line and be on the topics for the first week, the nature of law and legislation. Chapters 1 and 2 of the textbook.

Format · You are required to locate a reported case online via the Library’s law database and, after studying it, and other sources as directed, complete a 10 question multi-choice test.

Format · Problem scenario, students are required to identify the relevant issues, state the applicable principles of law; supported by authority, and apply the law to the given facts to arrive at a conclusion.

Scenario (the facts)

Pat was enrolled as an internal BBus student at Massey, for 155.211 Business Law, in Semester 2 2018. In week 9 of the semester Pat began to feel unwell, in particular she was often very tired and had difficulty staying awake in lectures, which, you will appreciate, is most unusual in business law. Pat’s family’s doctor suggested that Pat was merely run down and prescribed a tonic. In fact, Pat had the mumps which the doctor was negligent in failing to diagnose. Once the painful swellings appeared, it was obvious that Pat had the mumps and Pat naturally went home to recuperate. Pat made a full recovery in time to sit the final exam and obtain a sound pass in the subject.

Law and Government

Three of Pat’s fellow students were not so fortunate, since, as a result of contact with Pat, after she saw her doctor but before she knew she had the mumps, they developed the disease somewhat later, and were unable to sit the exam. As their coursework marks were somewhat below average they were not able to obtain an aegrotat pass and had to repeat the paper over summer school. Required: On the basis of the relevant law, advise, in no more than 500 words, whether the three students could succeed in an action against Pat’s doctor to recover the additional costs of repeating the paper.

In particular you should consider whether the doctor would owe the three students a duty of care and whether they could establish the necessary causal link between the doctor’s admitted negligence and the losses for which they are claiming. Note: since mumps is a disease, the three do not have cover under the Accident Compensation Act 2000.

Format · Problem scenario, students are required to identify the relevant issues, state the applicable principles of law, supported by authority, and apply the law to the given facts to arrive at a conclusion.

Scenario (the facts)

Donald was looking for a particular brand and model of toaster. It was not available at the store he usually bought electrical appliances from. He searched for a while on the internet. Eventually he saw an advertisement for the toaster he wanted, which stated that the toaster was available at Try and Save, an electrical appliances chain with a nearby store. Donald rushed to the store, eager to get the toaster, only to be told it was sold out. “Oh well”, said Donald, “you must order some more”. The store manager explained that the model he wanted had been discontinued.

“Well,” said Donald, “you will have to find one for me”, “you advertised it!” Feeling sure the store manager would find his desired toaster for him, Donald went off down the aisle looking at various items. When he came across a rather expensive kettle he had always admired he asked the store manager if he could have a 5% discount off the price.

The manager agreed, feeling sorry that he couldn’t help Donald get the toaster he wanted. When Donald took the kettle to the checkout he was told by the checkout operator that there were no “specials” on that kettle and he must pay the full price. Required: Advise Donald in not more than 500 words whether Try and Save is obliged to let him have the kettle at the discounted price and, whether the store has a legal obligation to find a stock of the toaster they advertised and supply Donald with one of them. Give reasons for your answer. Identify the legal issues involved, set out the relevant law and apply it.

This will be a multi-choice quiz on Consumer law – the Text Chapter 9