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BULAW5914 Commercial Law- Assignment1.1

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Part AP is a lifelong fan of the ABC Football Club. While watching a game, P was hit by a stray ballwhich broke P’s glasses. Please explain who P can sue, if anyone? Can P take legal actionagainst the player? The coach? The local council which owns the football ground? Or thefootball club?You should consider the position of each possible defendant to a legal action.Please refer to case law in your explanation.

(10 marks)

Part BThis question is separate from the above question in Part A. A lawnmower explosion takesplace in the front yard of a house due to a faulty f...

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Question Preview:

Part AP is a lifelong fan of the ABC Football Club. While watching a game, P was hit by a stray ballwhich broke P’s glasses. Please explain who P can sue, if anyone? Can P take legal actionagainst the player? The coach? The local council which owns the football ground? Or thefootball club?You should consider the position of each possible defendant to a legal action.Please refer to case law in your explanation.

(10 marks)

Part BThis question is separate from the above question in Part A. A lawnmower explosion takesplace in the front yard of a house due to a faulty fuel tank and causes the following damageor injuries: (1) Ann, a pedestrian, suffered fractured legs and severe cuts. She was unable towork for three months; (2) Bruce, the owner, was burned. He was unable to work for sixmonths, and incurred extensive medical expenses. Bruce also had to replace the windowsand the front fence of his house; (3) Computer disks containing data supplied by Eric, whichwere being worked on by Bruce’s wife Carol, were stored in the front room which weredestroyed by the explosion.Bruce had bought the mower from Hank’s Hardware. Hank’s had bought it from DistributorsLtd., which had bought it from the assembler, Mower Ltd. The petrol engines were importedfrom Korea. Based on the facts, please answer all 4 questions below:1. Referring only to the common law duty of negligence, would Ann and/or Carol beable to sue Bruce?2. Referring only to the common law duty of negligence, explain the basis of anyliability in the tort of negligence that Hank’s, Distributor and Mower might haveagainst Ann, Bruce and Carol. Also consider the possibility of any defences innegligence.3. Do Ann, Bruce or Carol have any possible rights under Part 3-5 of ACL against Hank’s,Distributors Ltd. or Mower Ltd.?4. Could Hank’s, Distributors Ltd. or Mower Ltd. raise any possible defences under theACL?

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Solution preview

Part A

Issue

 The concerned case study revolves around the fact of whether P can take any legal steps against each of the members associated with ABC football fan club. This is primarily due to the breakage of his glasses by a stray ball in the course of the play. Therefore, in the current scenario, the question arises of whether P can adhere to any legal steps for using any of the members associated with the football club. 

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