HI5018 BUSINESS LAW
TRIMESTER 1, 2015
Assignment 1 – Case Studies
Assessment Value:
20%
Word Length 1500-
2000 words
Date Due: Week 5 Friday by 5pm submitted via Level 6 and
through Safeassign
Question 1. (10marks)
Imagine that s25 of the TAFE Education Act 2002 in
your jurisdiction makes it an offence ‘to bring heroin, cannabis, cocaine or
any other drug onto a TAFE campus’. The
Education Minister said in parliamentary debate that s25 was introduced to prevent
drug trafficking on TAFE campuses.
Explain how the common law and statutory rules of
interpretation could be applied to the following situations;
(a)
Winnie
is caught by a security guard as she is licking white aspirin powder. According
to the Macquarie Dictionary, aspirin is a drug. Would Winnie be guilty of the
offence. (5 marks)
(b)
Cisco
is caught with his methadone dose that has been legally prescribed from
him. Would Cisco be guilty of the
offence. (5 Marks)
Question 2 (10
marks)
Aurelie is a successful ballerina but a promising
career has been cut short by a serious injury to her right knee. She has torn
the anterior cruciate ligament in this knee and requires surgery. She attends
the Glades Private Hospital for the surgery to be performed by Dr Stephens.
Before being taken to the operating room Aurelie is given a pre-med to relax
her. As she is waiting to go into the operating room a nurse checks her
details. She is asked which knee is being operated on and in her ‘relaxed’ state points to her left knee. The nurse
places a cross on this knee with a coloured pen. Dr Stephens operates on
Aurelie’s left knee and finds a perfectly intact cruciate ligament. He then
operates on and repairs Aurelie’s right knee. When she awakes she is horrified
to find that she cannot move either leg. Advise Aurelie.
