MGL1112 Assessment 3 and Assessment 4 S3 2025

[[WARNING: 1. PLEASE SUBMIT ON OR BEFORE Due Date]{.underline}]{.mark}

[[WARNING: 2. Avoid AI --Chat GPT, Grammarly, Artificial Intelligence and Similarity that amounts to Plagiarsim]{.underline}]{.mark}

[[(Please note, as Week 12 is the last week of the Semester, extensions may be difficult and you must make an early start on this Assessment.]{.underline}]{.mark}

This Assignment has 5 questions. 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 thought she might suffer a huge financial loss. She was already in financial difficulties because of the recent lockdowns and interruptions, due to the pandemic.

Meera gave them a table - with a view - overlooking the Ocean. As she handed them the Menus, she made no comments about the Prawns not being properly refrigerated. Samy ordered the "Prawns" and Jerry ordered the "King Yabbies". While eating their meals, Samy drank beer and Jerry drank red wine. As Jerry poured the last glass of wine from the bottle, he suddenly saw in his glass, a dead decomposed Worm. He felt quite nauseous and complained of stomach pain. Likewise, after eating the Prawns, Samy also felt sick and was violently ill.

As they were leaving in a hurry to get to the local hospital, Meera demanded they pay for their meals and beverages. Jerry paid under protest. Meera, the restaurant owner blamed the Manufacturer of the Red Wine "Murphy Wines" for the Worm in the bottle. Jerry and Samy both ended up having medical treatment for gastroenteritis, food poisoning and skin rashes caused by the Prawns and the wine.

** [Jerry suffered the following losses --]{.underline}**

a. [Loss of Profits]{.underline} ($10,000);

**b. *[Medical Expenses]{.underline} ($10,000); ***

**c. *[Loss of an 'English Government Contract' for the Sale of Australian Apples ($20,000)]{.underline}. ***

*** (Jerry had no previous exporting experience, but accepted the unusual Contract because his Mercedes Business was not going too well after the Pandemic. ***

As a result of the food poisoning and medical treatment Jerry was unable to deliver and therefore lost the Government Contract.)

** [Samy's injuries resulted in the following losses-]{.underline}**

a. [Medical Costs]{.underline} ($5,000)'

b. [Loss of Earnings]{.underline} ($11,000)';

**c. [Loss of his 'Hotel Accommodation Deposit']{.underline} ($4,000). **

*** (Samy had paid the Deposit on his holiday Accommodation, at the Deepa Hotel, in Perth). ***

*** As a result of the gastro and medical treatment, he had to cancel his holiday. ***

*** The Hotel Accommodation Deposit was non-refundable.)***

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Questions-

Ensure to 'Number' and 'Answer' each Question separately.

1. Identify and discuss the 3 Elements of Negligence that Samy (as Plaintiff) must prove. Discuss the 2 Defences that Meera (as the Defendant) may argue. (14 marks)

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1. Explain and discuss whether Samy is likely to recover damages for his losses- 'Medical Costs', 'Loss of Earnings', and '[Loss of 'Hotel Accommodation Deposit']{.underline}*. * Give your reasons with supporting case law precedents. (4 marks)

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1. Identify and explain the 3 Elements of Negligence that Jerry (as the Plaintiff) must prove. Discuss the 2 Defences that Meera (as the Defendant) may argue. (14 marks)

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1. Discuss and explain whether Jerry is likely to be able to recover damages for his losses -Medical Costs, Loss of Profits, and Loss of an 'English Government Contract'. Give your reasons with supporting case law, precedents.

(4 marks)

1. [Please* answer 'Yes' or 'No'* - to these two Questions*. No explanation is required*]{.underline}.

    

    

     A. Have you included - In-Text'

Referencing? ...............([Yes or No]{.underline}?) - [2 marks]{.underline}

       B. Have you included - 'A Reference

List? .......................([Yes or No]{.underline}?) -[2 marks]{.underline}

(Total 4 marks)

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REFERENCING REQUIREMENTS

Support your Answers with case - precedents, legal principles and legislation. You are required to use at least 'Six (6) Journal References', and a 'Variety of References'

(Including sources such as Websites, Textbooks, Online Text-Books, Journal Articles, Case Precedents. Marks will be deducted if this requirement is not met.)

REQUIREMENTS (ESSAY)

Your Essay should be in the following format:

• WORD DOCUMENT or WORD File
• DO NOT SUBMIT PDF
• Typed on A4 paper using Arial or Calibri 11- or 12- Point Font and 1.5 spacing
• Sequential page numbering
• Title page with Student Name/Student Number and Subject Code/Subject Name
• Accurate spelling, grammar, punctuation, paragraph construction and proof-reading
• Effective use of headings
• Consistent and accurate acknowledgment of textbooks, legislation and case studies using APA reference style.

Use of Resources

You are required to use a range of legal resources in addition to the textbooks including supporting evidence for the arguments, analysis and discussion of the given Assignment questions.

CRITERIA USED TO GRADE THIS TASK

See the Rubric - which indicates the Separate Marking criteria and Allocation.

SUBMISSION DETAILS

Assignment must be uploaded online via the Turnitin Drop Box.

Your assignment will not be marked if you Email your assignment, to your Lecturer,

FEEDBACK AND RETURN OF WORK

Feedback and marks will be provided via the LMS within two weeks of submission.

IMPORTANT WARNING:

Please Avoid the use of AI, Chat GPT, Grammarly, direct copying resulting in Similarity -- Artificial Intelligence and Please avoid Plagiarism [avoid similarity]