LAWS 1018 – Business Law
Written Assignment – Part A
- Part A (this part) of the Written Assignment is worth 10% of the overall grade.
- The word limit for Part A is 500 words.
- It is recommended that you use the IRAC problem solving method to answer this assignment.
- You may use headings and subheadings to structure your answer.
- Your answer must include legal references (relevant cases or sections of Acts).
- You are required to use the Harvard style of referencing. You should include a reference list in your assignment, including a list of legal references you have used.
- You must include the Assignment Feedback document at the end of your answer. The Feedback sheet is on the last page of this document. Please copy it into your submission.
Please note that this is not a research assignment. It is expected that you use the course materials in preparing your assignment. This includes using the lecture materials and the course text book. It is expected that you use the law that is included in these resources. You should not use law obtained from another source.
(Question on next page)
Julie owns a sushi restaurant in Adelaide, called Super Sushi. Super Sushi is located in a small food court in the CBD (central business district). Super Sushi offer a lunchtime delivery service to customers in the CBD. Super Sushi guarantee that the sushi will be delivered (anywhere in the CBD) within 20 minutes of the order being placed. If Super Such does not deliver the sushi within 20 minutes within the CBD, it is free.
Julie has hired Lucy to perform the deliveries. Their written agreement states that Lucy is an independent contractor and that Lucy must provide and maintain her own transport to perform the deliveries. Julie has requested that Lucy be available between 11am – 3pm Monday to Friday for deliveries which Lucy agrees to. Julie also requests that Lucy wear a Super Sushi baseball hat when making the deliveries, which Lucy is happy to do. The written agreement also states that if Lucy does not deliver the food within the 20 minutes, then she must pay Julie for the food order.
One Friday afternoon, Lucy jumps on her bright green scooter to make a delivery. The delivery location is on the other side of the CBD, and she knows that she has to go fast to get there in 20 minutes.
Unfortunately, the traffic is very busy; Lucy knows she will not make it in time. Lucy does not want to have to pay for the order if it is not delivered within the 20 minutes. Lucy decides to ride her scooter on the footpath and takes a short cut through a park. Unluckily for Lucy, she collides with Matt, who was sitting on the grass having his lunch. Lucy does not stop and speeds off to completethe delivery.
Matt, who was shocked by the incident, recognises the bright green scooter since he ordered Super Sushi the day before and had it delivered by Lucy. Matt then contacts Julie at Super Sushi and demands that Super Sushi pay for the damage caused to his clothing. Julie says that Super Sushi is not liable, as Lucy is an independent contractor, not an employee.
Using the relevant principles of employment law, discuss the validity of Julie’s claim. In your answer, make sure to include legal references in support of your arguments.
(Please remember to copy the Feedback Sheet – on the next page – into your assignment as the last page)
|Key components of this assignment
Not all areas are weighted evenly.
|Performance on this component|
|Excellent||Very Good||Good||Fair||Poor||Very Poor|
|1. Relevant legal issues identified|
|2. Rules / case law / Legislation
Relevant law correctly identified and accurately stated
Clear application of the facts to the rules/law
Clear and logical arguments presented
Answer clearly and logically structured
Correct English expression, grammar, spelling and punctuation
Correct in-text referencing
Complete and accurate reference list