Case Study

3392 WordsDec 18, 201314 Pages
Business and Company Law (BLO5540) Trimester 3, 2013 (Sydney) Law report case study Students are required to complete a law report case study of Schwartz: In the matter of Babybelle Pty Ltd (ACN 116 052 683) [2007] FCA 1469 (September 2007) Introduction: In this subject you will often have to consider court judgments (“cases”) and how they interpret and apply common law principles as well as how they interpret and apply statute law in the study of business and company law. In doing this case study you will observe the judge’s legal reasoning and the application of the doctrine of precedent. In addition to this you will observe how concepts such as “ratio decidendi” and “obiter dictum” are used in judgments. “Ratio decidendi” means literally “the reason for the thing having been decided”. This is generally the legal reason for a decision. “Obiter dictum”, on the other hand means literally “something said by the way”. “Obiter” is Latin for “by the way” or “incidentally”. A “dictum” is something which has been said. This refers to other observations which are made by the judge in deciding the case but which were not necessary to decide the case. In completing this case study task you will see how statements of law are applied to the facts of the case you are asked to consider. This case study task requires critical and analytical thinking as you need to sift through the different aspects of cases and locate they key elements in them. In completing this case study task you will learn to apply critical and analytical thinking skills that you need to apply to your study of this subject and to various problem situations you will be asked to consider in research assignments and problem questions in exams. In reading the designated case you will also encounter some legal terms and in some instances some key legal phrases and acquire an understanding

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