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LAWS7023 | Business and Corporate Law - 25% IL&AC Assignment - Semester 2 | 2023

Instructions:

The 25% IL&AC Assignment (the ‘25%’) is worth 25% of the assessment in this course and it consists of one (1) IL&AC question worth 25% (25 marks). You must answer this IL&AC question by providing a typed (not hand-written)

IL&AC answer.

Due Time:

The 25% will now due Online in the Submission Folder in the 25% Assignment folder in the Assessments page in BB by 2pm on Friday 22 September 2023 in TW 9 (Brisbane Time). Please make sure you submit to the submission folder before the due time lapses. Late submissions must be submitted to the Late Submission folder - For assessable items being the 25% Assignment, late penalties will be applied at 10% of the marks available for the assessment item per day that it is overdue. Assessments submitted more than 7 days after the due time receive zero marks. Students will need to make an official application for extensions to the Law School (S5.3 ECP).

Three Drafts:

Students are required to submit Three (3) Drafts of their 25% in accordance with Three Draft Strategy (3DS) as set out in the Visual Workshop on ILAC Technique, being:

. First Research Draft: Research from the course material and summarise/write down what you think is the most relevant law to answer the question and what you think the possible answer could be. Do not do an IL&AC answer at this stage; just research and write down a series of dot points as to possible relevant laws to answer the question; and

. Second IL&AC Draft: Using the research you obtained from your first research draft, write an IL&AC answer based on that research; and

. Take a break (24 hours) – and Ask Yourself:

o Have you identified all relevant laws applicable to the facts?

o Did you apply the law to the facts? Or not? What is the standard/quality of your application of the law to the facts?

. Third Final Submission IL&AC Draft: Incorporate any more relevant laws you thought of and improve your application of law to the facts into your third and final IL&AC answer, proof-read, check your grammar and submit your 3 drafts online before the due time.

Strong Recommendations: Early Start, Active Reading and Time Management:

. TW8 - Print off the 25% and to use a pen to highlight the facts as you read it, rather than just reading the question on-screen. This ensures that important facts are not missed - because if important facts are missed, this may lead to relevant laws not being identified and applied. Actively Read the Question – Ask Yourself - What does the Question Want? What do the Parties Want? Why do they do what they do and say? Why do they not do other things or say other things?

. Plan your own workable time-frame for 3DS and the 24 hour reflective break - over TWS 8 and 9 so that you submit a quality Third Final Submission IL&AC Draft on time.

Other Instructions:

. Only the Third Final IL&AC Submission draft will be assessed for Grading. For the Grading Criteria for this Assessment , please refer to the Grading Criteria in the in the 25% folder in the Assessments page in BB;

. Word Limit: Students can write UP TO 4,500 words for the Third Final Submission IL&AC Draft (Please note: The 25% cover sheet, headers, footers and the footnotes are NOT counted in this Word Limit). This does NOT mean that students must write 4,500 words. It is each student’s judgement as to whether they have answered the question within the word limit. Students are recommended to aim for quality in their submission rather than word quantity and a good student should be able to an IL&AC answer to this question in their Third Final IL&AC Submission Draft in less than 4,500 words. Submissions must be of a professional standard. When awarding marks, consideration will be given to the standard of presentation. A professional presentation contains no spelling, grammatical or formatting errors;

. Submission:

. Each of the three drafts must be submitted electronically in WORD only.

. Please read and follow the submission instructions in the submission folder and please make sure you submit each of your three drafts as follows:

. First Research Draft - To be uploaded and submitted to the submission folder called '25% Assignment - First Research Draft Submission Folder' before the due time;

. Second IL&AC Draft - To be uploaded and submitted to the submission folder called '25% Assignment - Second ILAC Draft Submission Folder ' before the due time;

. Third Final Submission Draft - To be uploaded and submitted to the submission older called '25% Assignment - Third Final Draft Submission Folder' before the due time;

. Each of these submission folders will be in the folder entitled 'Submission Folders' which is in the folder '25% IL&AC Assignment' in the Assessment page on BB.

. Please make sure you click the purple submission button to submit your assignment and copy and save your submission success message..

. Students are also required to designate each of the three drafts file names as follows:

. Student Name Research Draft;

. Student Name Second ILAC Draft;

. Student Name Third Final Submission ILAC Draft.

. Students must please create their OWN front cover sheet which will be attached to the front of their Third Final Submission draft which sets out the following information: Title: LAWS7023 | Business and Corporate Law 25% Assignment – Semester 2 2023; Student Number: (Insert Your Student Number); Course Code: LAWS7023; Family Name: (Insert your Family/Last Name); First Name: (Insert your First name); Course Name: Business and Corporate Law; Tutorial

(Insert the date and time of the tutorial class you are enrolled in); Total Word Count: (Insert your Total Word Count for your submission – not including the cover sheet, header, footer and footnotes); Note: There is no template to follow for the front cover sheet- just make sure that you set out the above information and that will be satisfactory for the purposes of the cover sheet;

. Font, Headers and Footers:

. Students must only use either size 11 or size 12 font – recommended word font styles are Arial or Calibri – students must use single line spacing.

. For the Third Final Submission draft, Headers (at the top of each page) and Footers (at the bottom of each page) must be used on each page. Footnotes must be used to identify material sourced from the course material.

. Example of Header: Students Name (Example “Anthony Austin”) Student Number (Example: “44689342”)

. Example of Footer Course Code 7023 Course name: Business and Corporate Law Assignment Title: 25% Assignment

. Footnotes and Example of Footnote Style:

. Footnotes must be used to identify material sourced from the Laws7023 Semester 2 2023 course material. All laws sourced from the Laws7023 Semester 2 2023 course material whether based on lecture or tutorial notes and/or copied or summarized from the Laws7023 Semester 2 2023 course material and which are used in a Student’s IL&AC Answer in the Third Final Submission IL&AC Draft must be footnoted to show where students obtained these laws from in the Laws7023 Semester 2 2023 course material.

Example of Footnotes (At the Bottom of Each Page):

. LawAndApplication Section:

. Example law used in paragraph1

. Example law used in paragraph 3

. Example law used in paragraph 4.

. 1 Slide 3H from the Teaching Week ** Lecture Slides on **Law.

. 2 Slide 20H from the Teaching Week ** Lecture Slides on **Law.

. 3. Notes from the Teaching Week ** Lecture/Tutorial on **Law dated **Date.

. 4. Case reading on **Case from case reading list on LR page on BB.

Important:

. Students must ONLY source and use material for their 25% IL&AC Assignment (being their Research Draft, their Second ILAC Draft and their Third Final Submission IL&AC Draft) from the LAWS7023 Semester 2 2023 course material - being either the lecture slides, notes taken in lectures and from the lectures recordings, notes taken in tutorials and/or any material posted under the learning resources teaching week folders.

. Students are NOT allowed to source material for their 25% IL&AC Assignment (being their Research Draft, their Second IL&AC Draft and their Third Final Submission IL&AC Draft) that is found outside of the LAWS7023 Semester 2 2023 course material.

. Students are NOT allowed to use, copy and paste from or otherwise generate content in their 25% IL&AC Assignment (being their Research Draft, their Second IL&AC Draft and their Third Final Submission IL&AC Draft) using Artificial Intelligence (AI), including but not limited to AI tools or platforms such as ChatGPT, Bard or any other AI tool or platform whatsoever.

. Students are NOT allowed to engage in any form of plagiarism, collusion, impersonation, contract cheating or any other form of academic misconduct in relation to their 25% IL&AC Assignment (being their Research Draft, their Second IL&AC Draft and their Third Final Submission IL&AC Draft) in accordance with relevant UQ policies and/or guidelines, including but not limited to the UQ Student Code of Conduct and the UQ Student Integrity and Misconduct Policy.

. All submissions will be submitted into the UQ Turn-It-In System as part of examining Academic Integrity.

The 25% Assignment IL&AC Question

Fiesta Ships Pty Ltd (Fiesta) is a cruise ship company which owns a fleet of ten cruise ships. Cruise ships are large ships designed to transport many holidaying passengers. They sail on the ocean to various ports and provide on-board entertainment such as swimming pools, cinemas, bars, restaurants, casinos and sports facilities.

One of their cruise ships is the SS Neptune which takes passengers from the port of Brisbane to the port of Cairns in North Queensland and back again. The Neptune is nine stories high from the main deck of the ship, weighs 65,000 tonnes and can carry 1,200 passengers.

The Neptune is under the command and responsibility of the ship’s captain, one

Captain Clark (‘Captain’) who is employed by Fiesta and he has over 20 years’ experience as a captain of cruise ships. He manages over 200 different crew members employed by Fiesta for the operation and maintenance of the ship, including engineers, chefs, cleaners, entertainers and ten painters whose job is to paint the vertical sides of the ship to prevent rust.

Fiesta also requires the holidaying passengers to follow certain rules. One rule which is explained to all passengers is that in the interests of health and safety, passengers are not allowed to drink alcohol one hour before ship departs port or one hour before ship docks at a port and during those times must remain seated in their cabins.

One week in September 2023, the Neptune leaves the port of Brisbane with a full load of passengers for a cruise to Cairns. The following two following events then occur:

1. One morning whilst at sea, the Captain instructs all the painters to re-paint the nine story high vertical walls of the ship. The Captain tells all of them to begin work and also says that each of them wear their safety helmets and their safety harness to prevent them falling whilst painting side of the ship.

Tony is one of the painters who has been working for Fiesta ships for 10 years. Tony says to the captain “That helmet is too heavy and too hot to wear and it obstructs my vision so I cannot see what I am painting. I’m not wearing it” . The Captain then says “Ok Tony. You have been working long enough for Fiesta to know what you are doing. You can do what you want” . Later that day, Tony is painting the side of ship four stories up from the main deck, wearing his safety harness but no safety helmet. Suddenly, the safety harness breaks and Tony falls onto the main deck, fracturing his skull.

It is then discovered that despite the safety harnesses being required to be replaced every 12 months, Tony’s safety harness was old and worn. Fiesta has been letting the painters use the same safety harness equipment for the past five years without replacing it in order to save on the costs of buying new safety harness equipment every 12 months.

2. One week later, the Neptune is approaching the port of Cairns where people working at the port will tie the ship to a dock owned by Fiesta and then let passengers disembark to visit and tour Cairns. As the ship weighs 65,000 tonnes and carries 1,200 passengers, the ship engines need to be slowed down so the ship can approach the dock and berth safely. The navigation computer on the ship is always programmed by the Captain to slow the ship’s engines down to 1 kilometre per hour on approaching a dock to minimise the chance of accidents. The Captain always programs the navigation computer himself and never allows any of his crew to double-check that he has programmed it at this speed.

However, as the Neptune is approaching the dock, the ship’s engines suddenly increase speed up to 11 kilometres per hour. Despite the Captains efforts to try to slow the ship down, the ship smashes into the dock, causing many dockworkers receive various injuries such as fractured ribs, severe bruising and nervous shock. In addition, many passengers inside their cabins are thrown around by the impact , also receiving injuries such as severe bruising, fractured ribs and nervous shock.

It is then discovered that the Captain mistakenly programmed the navigation computer to approach the dock at 11 kilometres per hour instead of programming it to approach the dock at 1 kilometre per hour.

In addition, one passenger named Darren Fish was heavily drinking alcohol whilst sitting on a bar stool at the bar onboard the ship as the Neptune was approaching the dock. The impact of the crash sent Darren flying across the polished wooden floor of the bar, through a glass door facing the main deck and into the ship’s railings. Whilst he does not fall into the sea because he was stopped by the railing, he does receive two broken legs.

Can the parties bring any legal claims under tort of negligence? Or Not? Would the parties have any defences under tort of negligence? Or Not?

. Identify what is the most relevant law applicable to the facts of this problem scenario and then apply that law identified by you to the facts of this problem question;

. Think beyond the facts and ask yourself - what do the parties really want here? And write about arguments for both parties. Write about the laws will each party try to apply to facts to achieve what they want, including the successful arguments and including arguments they will try to apply to facts even though the arguments are not successful. Explain why you think each party would try to argue these arguments including their motivation for doing so and explain what you think is the strengths and weaknesses - the good points and the bad points - of each parties arguments;

. Given the position you reach about the strengths and weaknesses of each parties legal arguments, if you were each of the parties, how would you then try to resolve the situation, through discussion, communication and negotiation with the other party, to achieve the best outcome for you?

. Given the position you reach about the strengths and weaknesses of each parties legal arguments, if you were each of the parties, what would you have done differently in the facts, and how would you have done it, to avoid even having the dispute with the other party?

Students Must Use IL&AC to answer this Question - Students can write separate IL&AC answers for each scenario if they wish.

YOU MUST ONLY write about the Tort of Negligence. You Must Identify and Apply All Stages and All Relevant Laws from the Tort of Negligence to the Facts of the Question, including Defences for each of the two events - Students can assume that being onboard a ship and being on a dock would qualify as being on premises.

Students can write separate IL&AC answers for each scenario if they wish. (DO NOT write about Contract Law, and do not write about any other laws relating to employment law or the shipping industry. Do not worry about converting kilometres into knots (standard measurement of shipping speed).

For example pictures of cruise ships, cruise ships whilst docked in port, painters using safety harnesses and safety helmets whilst painting vertical surfaces - and for videos of what happens when a large cruise ship fails to slow down as it approaches a dock - please see the following pictures and video links.

Please Note: These pictures and video are just to help you with some background context - Do not refer to and/or incorporate these example pictures and this video in your IL&AC answer: