Critically reflect upon the theoretical foundations

Business Obligations

Level 5

Module Credits - 20

Assessment brief:

Case study: Read the case carefully, understand and answer the 3 questions with 2000 total number of words.

Oil Spill - Business Obligation

Learning outcome 1: Understand and critically reflect upon the theoretical foundations and central principles that underpins the operation of the contemporary laws of contract and torts within social, economic, political, and business context.

Learning outcome 2: Develop the ability to use relevant information to understand how the laws of contract and torts operate and to apply their understanding through analysing problem based practical scenarios.

Learning outcome 3: Communicate effectively and accurately the content of legal principles and advice based upon the application of those principles in an appropriate written format.

Learning outcome 4: Understand and critically reflect upon the theoretical foundations and central principles that underpins the operation of the contemporary laws of contract and torts within social, economic, political, and business context.

Learning outcome 5: Communicate effectively and accurately the content of legal principles and advice based upon the application of those principles in an appropriate written format.

India are battling a new oil spill that began in the early morning hours of Saturday, January 28, 2017. The cargo ships BM Maple (UK flagged) and Dawn Kanchipuram (Indian flagged) collided about 4 km outside the mouth of Kamrajar Harbor, itself about 24 km north of Chennai Port, Chennai in the southern Indian state of Tamil Nadu. The Dawn Kanchipuram‘s fuel and storage tanks was loaded tons of oil due to indent the ship was partly ripped off and ruptured in the crash, spilling a reported 317,400 barrels (9,900,000 gallons, 37,250,000 litters, or 32,813 tons) of oil into the coastal waters in this western swath of the Bay of Bengal. BM Maple was apparently empty/unladen. Because of the heavy oil spill the port official ordered to ban the fishing in the area until further notice by Sunday the oil was making land fall.

Widespread oiling of beaches in the region has followed in the wake of the spill. As the clean-up has hit full stride 30 tons of oil sludge and 11 tons of mixed oily sand was removed from the beaches and intertidal of Chennai, Tiruvallur and Kancheepuram Districts on February 5th. That single day harvest raised the total oil recovered to date to 121 tons (roughly 136,000 litters or 36,000 gallons) of sludge, 65 tons (74,000 litters or 19,500 gallons) of oily sand and 72,000 litters (19,000 gallons) mixed oil and water, according to a press release from the Coast Guard. Later the local government found out that incident have been affected and incurs the community for their fishing and livelihood, environment pollution, tourist beaches and sea animal.

Given the above case problem, answer all the following tasks:

1. Analyse the damages of accident may cause in relation to food security and environmental pollution.(300 words)

2. Identify the legal liabilities by the two ship companies in relation to negligence and how they should solve the issues, Support your answers with relevant concepts, laws and regulations in Oman. ( 900 words)
3. Give your advice to:

a. Two ship companies in relation to business obligation of oil company. (400 words)

b. The local government in order to avoid this incident. (400 words)