Commercial Law Assignemnt
Law and Ethics
Harry was involved in a protest against the further logging of WestCoastnative forests. He was arrested for trespass while chained to a tree. When he appeared in Court he justified his actions by claiming that his trespass was insignificant compared with the destruction of native forests.
(a) Using the facts of this situation, explain the difference between the moral validity and legal validity of Harry's actions.
(b) “Not all laws are ethical” Discuss this statement using an example
Treaty of Waitangi
(a) Discuss any 2 issues in regards to the interpretation of the treaty of Waitangi (4marks)
(b) The Waitangi Tribunal was established under the Treaty of Waitangi Act
1975. Briefly describe the main purpose of the Waitangi Tribunal. (1mark)
Sovereignty of Parliament
Describe what is meant by the term "Sovereignty of Parliament "and explain the impact that this has on the role of the Judiciary in NewZealand. (2marks)
In your own words, describe the Doctrine of the Separation of Powers and discussat least two(2) reasons why it is Important (2marks)
Your mum has just arrived to meet you in Auckland. Explain to her 2 sources of NZ constitution (2 marks)
List and describe in correct order each step of the parliamentary process a Bill goes through before it becomes law. (4 marks)
Explain the importance of the Select Committee Stage in relation to a Bill's passage through Parliament. (2mark)
Using an example explain what it means when delegated legislation is "ultravires".
The following (fictitious) statute was passed on 10th January 2019 and came into force the following day:
An act to ensure that computers made available for student use by the educational institutions are used only for legitimate purposes connected with the students' study.
s2 The term 'computers' includes all forms of computing device, whether desktop, portable or handheld.
s6(3) Computers are not to be used for the purposes of sending or receiving personal e-mail messages, playing computer games, or other purposes not directly related to the students' enrolled studies.
The following extract from Hansard is also available:
Extract from Hansard:
Associate Minister of Education, Steve Maharey-
"Members, this Act is an important step in our government's policy of making a computer
Available to each and every student in each and every tertiary institution in this country. Ifthe use of computers for personal purposes is not tolerated, there will be more of them available for legitimate study-related purposes."
Barney has been studying at OP for the past 18 months. He is making excellent progress towards completion of his Bachelor of Applied Management with a major in management. He is also working part-time in a local management firm office to fund his studies.
On Tuesday, 11th Feb 2019BarneywasfoundinaOPcomputerlab where he had unpluggedapolytechniccomputerandpluggedinhispersonallyownedlap-topcomputer,in order to receive an important e-mail from his boss. Barney has been charged unders6(3) of the Computer UseAct 2019.
(a) Describe the literal rule of statutory interpretation.
(b) Applying the literal rule of statutory interpretation, advise whether Barney would be liable for the offence under s6(3) of the Computer Use Act2019. Give reasons for your answer. 3marks)
(c) Describe the "Purposive Approach" to statutory interpretation and discuss how this approach can give the Court greater flexibility than application oft he
Literal rule, when the Court is faced with difficult statutory interpretation.
(d) Applying the purposive approach to statutory interpretation and with reference to atleast one(1) intrinsicaid and one(1) extrinsicaid, advise whether
Barney would be liable under section6 (3)of the Act, giving reasons for your answer(3marks)
QuestionOne Total: 4mark
1 In relation to each of the following questions advise whether the statements are true or false and give a reason for your answer:
(a) Contributory negligence is a complete defence to any claim brought in negligence.
b) Persons employing in dependent contractors to do work for them are usually liable for harm caused by those contractors to third parties.
(c) Innegligence claims, the defendant can be found liable for all loss or harm which he causes. (1mark)
(d) In establishing whether a defendant is liable for a claim in negligence, the Court will first determine whether the defendant and the plaintiff are "neighbours".
QuestionTwo Total:16 marks
Tom is a truck driver working for Speedy Towing Ltd. One night he receives a phone call from a business to tow away a car which is parked in their car park without permission. Tom arrives and starts to put the car onto his tow truck. While he is doing this, Tom sees some attractive girls walking past and waves to them. Unfortunately because of this he knocks a lever and the car drops to the ground and suffers considerable damage. Mary, the owner hears the smash and runs out to inspect her car. She screams at Tom that she will make him pay, but Tom replies he doesn’t have any money anyway.
Can the owner, Mary, successfully sue Tom for the damage to her car because of negligence? Identify and discuss the essential elements of the tort law that she must prove. (4 marks)
b) Tom has already told Mary he has no money to pay for any repairs. Is there anything else Mary can do to recover her costs / compensation? What must she prove? (3 marks)