Business Law – Case Study

Overall
This is an individual case study.
Contribution to Total Module Mark
This coursework contributes 60% of your total module mark.
Learning Outcomes Assessed
This coursework aims to assess the following learning outcomes or LO(s):
LO2: Independently frame an understanding of the elements of the English legal system and critically assess impacts upon hospitality and tourism operators.
LO5: Communicate an in-depth understanding of legal constraints in hospitality and tourism contexts and derive valid and reliable conclusions and management advice.
Submission information
This assignment must be submitted via the module web by 2359 hours on the deadline.
The following notes apply to the assignment
Please note:
1. That work submitted late (where an extension/deferral has not been granted) will automatically attract a result of 0%. This will count as a failed attempt and may result in you failing the module overall. You may be eligible to resit the failed assessment(s), subject to the University’s regulations on reassessment. The maximum module mark that can be awarded for resit work is 40%.
2. Extensions will be in accordance with University and Faculty policy.
Students MUST keep copies (electronic file if done on computer) of their assignment.
Your assignment may be used to enable checks to be made using anti-plagiarism software and approved plagiarism checking websites.
Any penalties for not complying with word limits will be in accordance with University and Faculty policy.
Marking Scheme
A copy of the marking scheme and feedback for this coursework is attached.
Return of Marked Work
You can expect to have marked work made available to you by 2 teaching weeks after the submission date.
PLAGIARISM WARNING! – Assignments should not be copied in part or in whole from any other source, except for any marked up quotations, that clearly distinguish what has been quoted from your own work. All references used must be given, and the specific page number used should also be given for any direct quotations, which should be in inverted commas. Students found copying from the internet or other sources will get zero marks and may be excluded from the University.
Note:
Please make sure that your ID number and the module number appear on the actual coursework assignment.
Referencing
Please note that the University uses Harvard as its standard for referencing. A copy of this is available via the module web.
Coursework Title: Case Study
[Contributes 60% to total module mark]

Super Wines plc recently opened a vineyard to produce wine, conduct winery tours and wine tasting courses.
Jeff runs a private helicopter sightseeing tour company and Jeff’s private helipad is immediately adjacent to the vineyard, which includes a storage area for extracted grape juice which will be processed into wine. For three weeks during the summer, Helipad Tour Contractors Ltd are employed by Jeff to transport tourists around the region as part of its sightseeing tour package. This involved the use of commercial helicopters.
The noise of the helicopter upsets the vineyard customers, many of whom cancel their winery tours and wine tasting courses. Additionally, the dust and dirt generated by the helicopter rotor blades forms a thick film on extracted grape juice stored at the storage area, making it unusable for wine making, and clogs the filter of the water supply, causing wine processing machinery to break down and require expensive repairs.
Robert, one of Helipad Tour’s employees, drops a cigarette end which starts a fire on the helipad. It spreads into the vineyard grounds and destroys the grape plantation and the wine shed.
As a result of the noise of the helicopter, Super Wines plc’s profits plummeted due cancelled winery tours and wine tasting courses. In order to continue in business Super Wines plc approached a white-knight investor to invest in Super Wines plc in the form of share ownership.
(a) Advise Super Wines plc about its possible rights in tort.
Students are recommended to familiarise themselves with the IRAC method (Issue, Rule, Analysis/Application, Conclusion) and use it in this question.
Please identify the issue, state the rule (or legal principle), apply the facts to the rule (or legal principle) and then give a conclusion.
(b) The white-knight investor has requested for advice as to the features, advantages and drawbacks of a being a shareholder of Super Wines plc.
Maximum word count: 2500 words (+/- 10%)
Implementing IRAC to Problem Solving
One of the distinguishing features of studying business law is the method in which questions are answered. Legal questions have a specific problem-solving approach. The IRAC model ensures that questions are answered fully and completely with an analytical focus.
The IRAC model used is as follows:

Step 1: ISSUES
It is important to identify what the real question/(s) being asked is. This will effectively outline the scope of your answer. As such, it is important to choose your words carefully and be specific. This is also where the background of the question is set-up. Consider the parties that are involved and describe what their issues are. Outline which areas of law the issue touches on andif there are any background facts that may be contentious, note them here. For example, rather than simply asking is the contract valid?, ask is there valid consideration between Ben and Jane for there to be a valid contract?

Step 2: RULES
Which rules (case law, legislation) are applicable to this situation? Think about the legal principles that apply to the situation and outline them here. This includes cases (judge made law), legislation (Acts of Parliament), and rules and regulations. It is important to remember that there may be more than one source of law that is applicable to each issue. In addition, different areas of law may overlap in a problem scenario and it is important to consider them both separately and any overlapping rules that may apply.

Step 3: APPLICATION
Apply the rules identified in step 2 to the issue in step 1. Will the plaintiff’s claims be justified? How can these legal principles be used to strengthen or diminish the argument of each party? Are there any facts you would need to further the argument? Use the relevant precedent cases of legal principles to support the answer. Where multiple parties exist, take time to respond to each of their issues and separate them into different headings. Students may find it easier to discuss the rule and application together (combine step 2 and step 3) where a series or ‘checklist’ of requirements need to be met to prove liability.

Step 4: CONCLUSION
Determine a tentative conclusion to the issue. Consider which argument is the strongest, who is liable for what and to what extent and whether there are any mitigating factors that should have been applicable. It is appropriate to mention that if a particular fact were present your answer would change. It is also important to consider any defences (repeat (H)IRAC as above) and civil or criminal liability provisions in your conclusion.

IRAC question

It was late at night when Celeste accepted a lift from her friend Perry after work drinks. They had both stayed after their shift and enjoyed a few drinks together. Once they started driving, Celeste noticed that Perry was having trouble keeping the vehicle steady. Celeste decided to continue the journey as she was exhausted and wanted to be home as soon as possible. Shortly after, Perry lost control of the motorcycle and hit a tree, leaving both him and Celeste seriously injured.

Will Celeste be able to successfully sue Perry in negligence? What does Celeste need to establish in order to succeed in such an action? Are there any defences that Perry could raise under the civil liability legislation in relation to Celeste’s negligence claim?

Answer:
Issue
Can Celeste sue Perry in negligence for the motorcycle accident that left her seriously injured?
Rules/Application
Negligence is an indirect interference with the person or property of the plaintiff. A plaintiff needs to have suffered loss or damage that is recognised by the law as being a type for which they should receive compensation for. There are a few elements to this:
1. Does the defendant owe the plaintiff a duty of care?
2. If the defendant owes the plaintiff a duty of care, is the defendant in breach of that duty of care?
3. If a breach is established, have the defendant’s actions caused the plaintiff to suffer loss or damage?
4. Was there any contributory negligence on behalf of the plaintiff?