BUS107-Commercial Law

Assessment Description

• There will be a webinar to assist you with preparing this assignment. Watch out for the webinar time and date details to be posted in the Subject Announcements. 

• This assignment covers the Law of Torts.

• You will need to identify the issues in the question, cite the relevant rules applicable to the issues, explain the application of the rules to the facts/situation in the problem and draw a conclusion as to the best advice for the person/s you are providing advice (IRAC).

Assessment Problem Based Question

Tamara is addicted to chocolate. The only retailer that sells her favourite brand of chocolate bar is Aldi Supermarkets. Tamara goes to her local Aldi Supermarket every day to buy her favourite chocolate bar but it is often sold out. She gets very upset when this happens. 

One wet Saturday morning in January Tamara is walking down the confectionary aisle of her local Aldi Supermarket and she sees at the far end of the aisle there is only one chocolate bar left for sale. She begins to run towards the chocolate bar. Another shopper appears at the far end of the aisle. Tamara runs even faster. As she reaches for the chocolate bar she slips on a puddle of melted ice cream and breaks her back. She spends several months recovering in hospital with general damages alone in excess of $700,000. 

Tamara now wishes to sue Aldi Supermarkets in negligence for her losses. Aldi Supermarkets can prove that a staff member inspects the supermarket aisles and cleans up any spillages every 40 minutes.

Advise Tamara.