Question 8 was Tort law (1 Viewer)

[sugamama]

Originally posted by Ms 12
A civil wrong is an act or omission which harms an individual. In this case it was an omission (failure of quality control) that may have led to harm (I spose it could have been an act, they couldve been put in there deliberately). It was tort.

The reason all you people are saying contract is that you probably all do consumers in which you study the contract. If the answer was contract it would be disadvantaging those who don't do it, as it is only covered briefly in the law & society syllabus. The key word in the question was civil, indicating a civil wrong, which is the explanation of a tort in the syllabus.

THERE IS NO CIVIL IN THE QUESTION

read the other thread
Just caus some people don't know the answer don't mean you write TORT because its not in the syllabus. THat just doesnt make sense.

 

[Lazarus]

You can't have "negligence in the air" - you can't sue if no damage has occurred.

Though if it would disadvantage some students, then you're probably right. I've really never been too fond of BOS examiners.

Ergh. What a mess.

 

[sugamama]

I don't think it would disadvantage. In TYPES OF LAW ie public/private law you learn about administrative/industrial/criminal law etc and

under PRIVATE law
there are 4 things u learn about, well SHOULD learn about

contract law
family law
property law
tort law

SO YOU SHOULD KNOW contract law to some degree. and that Q was pretty much common sense.

 

[MiuMiu]

I don't really care what all of you say, your mark has no bearing on my life.

What Im saying is this exam was months in the making and they aren't going to include a question that disadvantages those who didn't do consumers. I don't see how it doesn't make sense sugamama.

 

[mememe]

Its one mark! far out. i think its contract cos we DO learn about both contract and tort in the syllabus, so the disadvantage thing is a load of crap.

 

[sugamama]

Exactly so if the Question doesnt disadvantage students who dont do consumer law,

and the answer is contract law if you STUDY CONSUMER LAW

then ALL THE CONSUMER LAW students are WRONG?

uhhh I tend to think that the correct answer is the CORRECT answer. And Ms 12 just chill.

 

[sugamama]

Originally posted by adamj
Wrong I do Consumer Law, it is not a contract, no contract wa smade with the manufacturer.

If you have EXCEL LEGAL STUDIES

turn to page 119

RIGHTS AGAINST MANUFACTURERS

product liability provisons in TPA means that consumers also have RIGHTS AGAINST MANUFACTURERS even though they HAVE NO CONTRACT WITH the manufacturer.

So Chris has rights against the manufacturer. GO TEAM CONTRACT

 

[krissy7685]

its contract....

btw adamj.. i would love to know how u are going to know the board of studies didnt mark u properly on that question and take it up with them.. u dont find out how u went in anything.. only ur overall mark

 

[Ringo]

Isn't a tort against something that deals with a duty of care, not an act or omission which harms someone?

I still maintain the manufacturer had a duty of a care in this case to make sure the cereal was free of crappy metal bits, regardless of whether they hurt someone. I think before the snail negligence case, people could still sue other people for harming them...

 

[Ringo]

Originally posted by krissy7685
its contract....

btw adamj.. i would love to know how u are going to know the board of studies didnt mark u properly on that question and take it up with them.. u dont find out how u went in anything.. only ur overall mark

you know what you put down, and they'll publish the correct answer....

 

[krissy7685]

SUGAMAMAS RIGHT

everyone woulda learned about contract and tort low.. because its under private law... and u do that in the law and society question...

OHHHHH Ringo i was thinking he was fully gonna ring the bos with his own personal mark and argue it out like a madman not with the published thingo

which of the following is a feature of customary law????

A) the doctine of precedent
B) dispute resolution
C) Native title
D) Terraa nullius
(this is a debate in another post and someone put b.. has b got anything to do with customary law)??

 

[Ringo]

only if you admit that you're an idiot

 

[krissy7685]

MEANY!!!! see i decided to be nice

 

[Ringo]

hahahah lucky for you

 

[krissy7685]

how did u think u went otherwise?

 

[adamj]

Originally posted by krissy7685
its contract....

btw adamj.. i would love to know how u are going to know the board of studies didnt mark u properly on that question and take it up with them.. u dont find out how u went in anything.. only ur overall mark

I might be able to access it under an FOI.

 

[adamj]

BTW, this was actually a real case, one of my old commerce teachers' friends found a peice of metal in her cereal, she threatened to sue and apparently they gave her money or some ceral or something.

 

[sugamama]

lol adam...

In regards to that customary law Q
its B because its in the book!
FEATURES of CUSTOMARY LAW
-informality of dispute resolution.

 

[adamj]

I agree

 

[adamj]

I agree, DISPUTE RESOLUTION, it may be ineffective, but its not like God created, Adam Eve, earth and a judiciary, it eveolved over time