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A merchant ship collided with a lobster fishing trawler off the coast of Western Australia where the best lobsters are caught. At the time of collision the FIFA World Cup finals was on and the captain had made special arrangements for the game to be watched via satellite. Nobody was on lookout duty at the time. Will Larry Sponge be successful in suing Bismark's owners in negligence?
A merchant ship collided with a lobster fishing trawler off the coast of Western Australia where the best lobsters are caught. At the time of collision the FIFA World Cup finals was on and the captain had made special arrangements for the game to be watched via satellite. Nobody was on lookout duty at the time. Will Larry Sponge be successful in suing Bismark's owners in negligence?
A merchant ship collided with a lobster fishing trawler off the coast of Western Australia where the best lobsters are caught. At the time of collision the FIFA World Cup finals was on and the captain had made special arrangements for the game to be watched via satellite. Nobody was on lookout duty at the time. Will Larry Sponge be successful in suing Bismark's owners in negligence?
CLWM4000 Business & Corporations Law Assignment 2T 2015
Due: 25th September 2015 (5pm)
Length: 1000 words +/- 10% Note the following when answering the assignment question 1. Use the IRAC method to answer this question. A good answer will (a) Identify the issue/s in the question by discussing them in order of importance (b) Be structured in a clear and logical manner that it is easy to read and understand. (c) Cite relevant authority to support your arguments (d) Present good arguments that demonstrate clear understanding of the legal principles raised in the questions 2. It is your responsibility to be familiar with Kaplans policy on Plagiarism Referencing acknowledging source of research materials Student misconduct Turnitin - similarity QUESTION (20 marks) Bismark, a merchant ship collided with a lobster fishing trawler owned by Larry Sponge Pty Ltd that had been fishing near Abholros Island off the coast of Western Australia where the best lobsters are caught. There is usually a member of the crew on lookout duty on the Bismark. At the time of collision the FIFA World Cup finals was on and the captain had made special arrangements for the game to be watched via satellite, so he allowed the sailor on lookout duty to join the rest of the crew to watch the game. Nobody was on lookout duty at the time of collision. There was much damage to Larry Sponges trawler and all the lobster catch was lost. Larry Sponge is the sole supplier of lobsters to Dependable Goumand Pty Ltd who supplies lobsters to all the major restaurants in Australia and Japan. (a) Will Larry Sponge Pty Ltd be successful in suing Bismarks owners in negligence? (15 marks) (b) Dependable Gourmand wants to know if it can sue Bismarks owners as they are now unable to supply their restaurants with Larry Spongess lobsters and have incurred significant financial loss. Does Dependable have an action against Bismarks owner? What will be your advice if the sole supply arrangement between Larry Sponge and Dependable was made known to Bismarks owners? (5 marks)