Commercial Law Assignment

Assignment Assessment Criteria
You will be assessed on the extent to which you have:
 answered the set question;
 used good English expression, correct spelling, good punctuation and grammar and have proof read your work;
 used good logic and structure;
 been able to identify, set out and discuss relevant legal issues, legal principles and cases, as appropriate;
 used statutes and cases to support your arguments, as appropriate;
 analysed, argued or discussed as required by the task questions; and
 found, read and used other resources – note the library’s law database resources available at and also note the Australian Civil Liability Guide which is available online at
Read: Paul Latimer, Australian Business Law (a 2012-2015 edition) ¶4-010 to ¶4-220; and ¶7-215.
Watch the ABC Four Corners episode ‘The Walking Wounded’ available (with transcript) at:
1. In relation to the manufacture and supply of the ASR hip replacement joint by Johnson & Johnson, through its subsidiary DePuy Orthopaedics, explain the basis of any liability in the tort of negligence that those companies might have to Australian users of the ASR. Leave aside any question of the amount of damages, but in your answer refer to common law legal principles and (where relevant) to any relevant civil liability statute provisions that apply in your State. (15 marks)
2. Assume that in answer to question 1 you concluded that the ASR users are likely to have rights in the tort of negligence against the companies. How are the tort damages for those users calculated? In your answer refer to common law legal principles and (where relevant) to any personal injuries statutory damages caps that apply in your State. (10 marks)
3. Can the Australian users of ASR bring any Australian Consumer Law (ACL) cause of action under Part 3-5? If so on what grounds could they bring such an ACL action and who would they bring that action against? (10 marks)

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