Assessment 3 and Assessment 4
MGL1112 – The Business and Legal Environment
Semester 3 – 2025
Summer Semester 2025
Assessment 3: Presentation
Marks: 20
Due: Week 9
Task Instructions
- Prepare 12 to 15 slides based on the given case study
- Upload the presentation to the LMS
- Present in class
- Please contact your Lecturer for any further clarifications
Assessment 4: Case Study Report
Marks: 40
Due: Week 12
IMPORTANT WARNINGS
- PLEASE SUBMIT ON OR BEFORE THE DUE DATE
- Avoid AI tools such as ChatGPT, Grammarly, Artificial Intelligence, and any similarity that amounts to plagiarism
Please note: As Week 12 is the last week of the semester, extensions may be difficult. Students are advised to make an early start on this assessment.
Assessment Details
- Number of Questions: 5
- Word Length: 2000–2500 words (excluding references)
- Task Weight: 40%
- Date Due: Week 12 – Sunday, 15 February 2026 (11:59 PM)
Task Requirements
The case scenario relates to the Law of Negligence and Torts.
CASE STUDY
Jerry and Samy work in the Tourist Hospitality Industry in Melbourne. Jerry owns and drives a Mercedes, which transports tourists from the train stations to the city. Samy was recently promoted to the position of General Manager of a chain of hotels in Sydney Harbour.
Jerry wanted to reward Samy with a gift — an all-expenses-paid dinner at the famous Meera’s Restaurant in Geelong, Coastal Victoria. Jerry made the booking, and they drove together from Melbourne to the ocean views in Geelong.
On arrival at the reception desk of the restaurant, they failed to notice a large sign that stated:
“Warning – As a result of our refrigerator breaking down two days ago, our prawns have not been freshly frozen. We exclude all liability whatsoever for any injuries caused by our prawn meals.”
Meera, the owner and manager, had not taken the prawns off the menu because she believed she might suffer a huge financial loss. She was already experiencing financial difficulties due to recent lockdowns and pandemic-related interruptions.
Meera gave them a table overlooking the ocean. As she handed them the menus, she made no comment about the prawns not being properly refrigerated. Samy ordered the prawns, and Jerry ordered the king yabbies.
While eating their meals:
- Samy drank beer
- Jerry drank red wine
As Jerry poured the last glass of wine from the bottle, he noticed a dead decomposed worm in his glass. He felt nauseous and complained of stomach pain. Likewise, after eating the prawns, Samy became violently ill.
As they hurried to the local hospital, Meera demanded that they pay for their meals and beverages. Jerry paid under protest. Meera blamed the manufacturer of the red wine, Murphy Wines, for the worm in the bottle.
Both Jerry and Samy received medical treatment for gastroenteritis, food poisoning, and skin rashes caused by the prawns and wine.
Jerry’s Losses
a. Loss of profits – $10,000
b. Medical expenses – $10,000
c. Loss of an English Government Contract for the sale of Australian apples – $20,000
(Jerry had no previous exporting experience but accepted the unusual contract because his Mercedes business was not performing well after the pandemic. As a result of food poisoning and medical treatment, Jerry was unable to deliver and therefore lost the government contract.)
Samy’s Losses
a. Medical costs – $5,000
b. Loss of earnings – $11,000
c. Loss of hotel accommodation deposit – $4,000
(Samy had paid a deposit for holiday accommodation at the Deepa Hotel in Perth. Due to gastroenteritis and medical treatment, he cancelled his holiday. The accommodation deposit was non-refundable.)
QUESTIONS
Ensure each question is numbered and answered separately.
Question 1 (14 marks)
Identify and discuss the three (3) elements of negligence that Samy (Plaintiff) must prove.
Discuss the two (2) defences that Meera (Defendant) may argue.
Question 2 (4 marks)
Explain and discuss whether Samy is likely to recover damages for:
- Medical costs
- Loss of earnings
- Loss of hotel accommodation deposit
Support your answer with case law precedents.
Question 3 (14 marks)
Identify and explain the three (3) elements of negligence that Jerry (Plaintiff) must prove.
Discuss the two (2) defences that Meera (Defendant) may argue.
Question 4 (4 marks)
Discuss whether Jerry is likely to recover damages for:
- Medical costs
- Loss of profits
- Loss of the English Government Contract
Support your answer with relevant case law and precedents.
Question 5 (Total 4 marks – No explanation required)
A. Have you included in-text referencing?
Yes / No (2 marks)
B. Have you included a reference list?
Yes / No (2 marks)
REFERENCING REQUIREMENTS
- Support answers with case precedents, legal principles, and legislation
- Use at least six (6) journal references
- Use a variety of sources, including:
- Websites
- Textbooks
- Online textbooks
- Journal articles
- Case precedents
Marks will be deducted if this requirement is not met.
ESSAY REQUIREMENTS
- Submit as a Word document only
- Do not submit PDF
- A4 paper size
- Font: Arial or Calibri, 11 or 12 point
- 1.5 line spacing
- Sequential page numbering
- Title page including:
- Student name
- Student number
- Subject code and subject name
- Accurate spelling, grammar, punctuation, and proofreading
- Effective use of headings
- APA referencing style
USE OF RESOURCES
You are required to use a range of legal resources in addition to textbooks, including supporting evidence for arguments, analysis, and discussion of the assignment questions.
CRITERIA USED TO GRADE THIS TASK
Refer to the rubric, which indicates the separate marking criteria and allocation.
SUBMISSION DETAILS
- Assignment must be uploaded online via the Turnitin Dropbox
- Assignments emailed to the lecturer will not be marked
FEEDBACK AND RETURN OF WORK
Feedback and marks will be provided via the LMS within two weeks of submission.
FINAL IMPORTANT WARNING
Please avoid the use of AI, ChatGPT, Grammarly, direct copying, or any tools resulting in similarity. Plagiarism must be avoided.