Introduction To Business Law Assignment Task
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- Referencing Styles: Open
- Course Code: BLAW1006
- Course Title: introduction to business law
- University: Curtin University
- Country: AU
Research has shown that a person driving while under the influence of alcohol has a 45% higher chance of being injured or killed in an accident.
In response to this risk, the Western Australian Government passed the Driving under the Influence Act 2021 (WA) [a fictitious Act], section 7 of which provides:
No person shall operate a motorcar, truck, motorcycle or similar vehicle on a road, highway or other public thoroughfare while under the influence of alcohol.
Andy had been celebrating his football team winning the AFL premiership with friends at a Fremantle pub and had been drinking most of the afternoon. Although he had earlier driven his car to the pub, he was concerned about driving so instead borrowed an electric skateboard from a friend so he could to get home. Unfortunately, as he was riding along the new Fremantle bike path, Andy was stopped and charged with a breach of section 7 by a Western Australian Police, Traffic Branch officer Gary, who was driving along the nearby road and had noticed Andy was riding in an erratic fashion and clearly intoxicated.
- Using the four step process and the Common Law
- Purpose and Ejusdem generis rules of statutory interpretation discuss whether Andy is likely to be in breach of section 7.