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Annotated Bibliography on Contract Law and Consumer Law

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Added on  2023/01/09

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This annotated bibliography provides a comprehensive analysis of ten sources related to contract law and consumer law in a case scenario. It explores the relevance of each source to the factual scenario and offers advice for the parties involved. The scenario involves a contract between Best Baby Baths and Klean Kids Pty Ltd, where issues of product safety and breach of contract arise. The sources cover topics such as contract legality, safety standards for baby bath aids, common law principles, and the sale of goods act. The bibliography concludes with a summary of the findings and recommendations for Anton, the buyer.

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ANNOTATED
BIBLIOGRAPHY

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Table of Contents
INTRODUCTION...........................................................................................................................3
MAIN BODY...................................................................................................................................3
ASSISMENT 2................................................................................................................................3
Further regarding the above scenario sources has been explained as follows:................................3
Source 1..................................................................................................................................3
Source 2..................................................................................................................................4
Source 3..................................................................................................................................5
Source 4..................................................................................................................................5
Source 5..................................................................................................................................6
Source 6..................................................................................................................................6
Source 7..................................................................................................................................7
Source 8..................................................................................................................................7
Source 9..................................................................................................................................8
Source 10................................................................................................................................8
CONCLUSION................................................................................................................................9
REFRENCES.................................................................................................................................11
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INTRODUCTION
Law is an important part of a society that is there to maintain discipline and order within it. Such
laws are being formed through following proper procedure and by an authority given power to
perform it. Laws can be of various types like contract, company, civil and criminal. Scope of law
is wider as it covers various aspects of a country where it is applied. Nature is very dynamic of
law because it deals with both individual and public at large. In this file a case scenario is being
given in which ten sources are required to be explained with their relevancy in scenario.
MAIN BODY
ASSISMENT 2
Case Scenario: In this case there is a company name Best Baby Baths and sells baby bath aids.
The company is registered in Victoria. Bill is the company’s director. Klean Kids Pty Ltd is the
company manufacturing bath aid product for Best Baby Baths. Director of this company is Kon.
Bill has given an order of 1000 baby bath aids to Klean Kids Company and instruction has been
given a warning over the product as per the Product Safety Australia Mandatory Standards
(Mourão and Pinto, 2017). Bill was expecting ninety thousand out of the sale. After observing
the manufactured product it was noticed by Bill that warning was not written over it and refuse
to pay for. Also returned the product back. Klean Kids Pty Ltd made the product in thirty
thousand. In order to get retain the cost he did not destroyed the baths but putted them over a
site and used his companies account to get the payment. He marked the warning with regular ink.
Anton has brought the products on auction but when product was delivered to him. It was
observed that the product does not contain a warning as per the standard due to which he cannot
sell the product legally. Now Anton seeks advice in relation to common law, contract law and
statute law.
Further regarding the above scenario sources has been explained as follows:
Source 1
Bibliographic
citation
Rakoff, T.D., 2016
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Details of
how the
source was
located in
short list
format.
https://heinonline.org/HOL/LandingPage?handle=hein.journals/wlr2016&div=28&id=&page=
Initial
analysis of
the legal
relevance of
this source
to the factual
scenario.
The following source is related to the justice of contract and in this case
scenario it can be seen that there is existence of contract between the
parties.
1. So, the relevancy of resource is that it is going to help in justifying the legality
of the contract that has been existing between Best Baby Baths and Klean Kids
Company.
2. In this scenario the role of Klean kids has been there to provide baby aids and
contract of baby aid has been given to the company. Also this source explains about
various elements involved in forming of contract.
3. Now Anton also brought the product but it does not contain relevant mark so the
contract becomes null void between the selling party and buyer.
Source 2
Bibliographic
citation Dwivedi, A. and McDonald, R., 2018
(4) The warning statement must:
(a) be fixed permanently onto the baby bath aid; and
(b) be located on the baby bath aid in a conspicuous place; and
(c) be clearly visible when a baby is in the baby bath aid.
Details of how the
source was located
in short list format.
https://www.sciencedirect.com/science/article/pii/S0040162515002437
Initial analysis of 1. The safety standard for Baby Bath Aids clearly specify that the

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the legal relevance
of this source to
the factual
scenario.
warning statement must be permanent
2. The products do not have permanent warning statements hence
they are not allowed to be sold
3. As the products are not allowed to sell, it makes the sell
contract between Kon and Anton invalid
Source 3
Bibliographic citation Pillai, S. and Williams, G., 2017
Details of how the
source was located in
short list format.
https://www.cambridge.org/core/journals/international-and-comparative-
law-quarterly/article/twentyfirst-century-banishment-citizenship-stripping-
in-common-law-nations/F9B6D2F963EC73BD522A5EEE22493816
Initial analysis of the
legal relevance of this
source to the factual
scenario.
Common law are the laws under which a judgement is being
passed by the judge in a case which is similar to the existing
scenario. Such laws has been helping to gain transparency
within the process of justice. This prevents from having has
relevance in a way that
It can be observed from the scenario that there are certain
aspects that gives an overview that Klean Kids Pty Ltd has
committed the crime and has violated the rules given in the
consumer law of Australia.
So no as per common law the judges are going to seek to any of
the previous case of such kind and then only gives judgement
upon the scenarios mentioned above.
Source 4
Bibliographic
citation
Gong, Y., Putnam, E., You, W. and Zhao,
C., 2020
Details of how
the source was https://www.sciencedirect.com/science/article/abs/pii/S0959652619338119
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located in short
list format.
Initial analysis of
the legal
relevance of this
source to the
factual scenario.
The source that has been mentioned above is related to presented
scenario in a manner that it is related to safety of consumer good.
In this scenario rules of safety of consumer has not been followed which
makes the product to be irrelevant to be sold in market.
Also the case scenarios Anton can sue the company for not delivering right
product with proper warning over it.
Source 5
Bibliographic citation Bertino, L., 2018
Details of how the
source was located in
short list format.
https://www.degruyter.com/view/journals/ercl/14/1/article-p24.xml
Initial analysis of the
legal relevance of this
source to the factual
scenario.
This source is related to the case scenario in a manner that the contract
of sales that has taken place between Anton and Klean Kids Pty Ltd is
not valid.
Also breach of contract has taken place as the product promised has
not been sold because mark was not there.
As per this Anton can ask or claim compensation over the loss that has
been faced by him.
Source 6
Bibliographic
citation
Miyazaki, S., Taniguchi, H., Kusa, S.,
Nakamura, H., Hachiya, H., Hirao, K. and
Iesaka, Y., 2017
Details of how
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the source was
located in short
list format.
https://www.sciencedirect.com/science/article/abs/pii/S1547527116307408
Initial analysis of
the legal
relevance of this
source to the
factual scenario.
The following source is relevant to the case in a way that there has been
breach of contract and now the contract has to be terminated.
For getting it terminated proper process is required to be followed and this
process is been give within the process of termination.
Anton is going to gain benefit out of this in a manner that he can get
compensation as the wrong has been committed by the selling party.
Source 7
Bibliographic
citation
Glotko, A.V., Sycheva, I.N., Permyakova,
E.S., Danilchik, T.L. and Usenko, V.D.,
2017.
Details of how
the source was
located in short
list format.
https://search.proquest.com/openview/f3bdc04378adabcdb9a53f7d0a2fecf7/1?pq-
origsite=gscholar&cbl=466419
Initial analysis
of the legal
relevance of
this source to
the factual
scenario.
1. The source that has been mentioned above is being selected in this
scenario because sales of contract has been taken place. As Anton has
purchased the product that has been sold by the company.
2. Also Anton has to seek over the sales of good act of Australia in order
to make sure that nothing wrong is being done on his part.
3. The Sale of Goods Act is legislation that governs transactions for the
sale of goods. Although the Australian Consumer Law (ACL) is now
primarily used in business to consumer transactions, the Sale of Goods
Act continues to apply in business to business transactions and in some

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business to consumer transactions.
Source 8
Bibliographic citation Tai, X., Sun, H. and Guo, Q., 2017
Details of how the
source was located in
short list format.
http://en.cnki.com.cn/Article_en/CJFDTotal-DWJS201710040.htm
Initial analysis of the
legal relevance of this
source to the factual
scenario.
1. The source is being connected to the case scenario in a
manner that transaction that has taken place is through online
procedure.
2. In this case Anton has brought baby aid from Klean Kids Pty Ltd
for thirty thousand euro.
Source 9
Bibliographic
citation
Kariyawasam, K. and Wigley, S., 2017
Details of how the
source was located
in short list format.
https://www.tandfonline.com/doi/abs/10.1080/13600834.2017.1289835
Initial analysis of
the legal relevance
of this source to
the factual
scenario.
The above source is connected to the case in an way that Anton has
purchased the product through online and to justify this the statement is
Klean Kids Pty Ltd made the product in thirty thousand. In order to get
retain the cost he did not destroyed the baths but putted them over a site
and used his companies account to get the payment. He marked the
warning with regular ink. Anton has brought the products on auction but
when product was delivered to him.
Source 10
Bibliographic citation Zottoli, T.M., DaftaryKapur, T.,
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Edkins, V.A., Redlich, A.D., King, C.M.,
Dervan, L.E. and Tahan, E., 2019
Details of how the
source was located in
short list format.
https://onlinelibrary.wiley.com/doi/abs/10.1002/bsl.2413
Initial analysis of the
legal relevance of this
source to the factual
scenario.
This source is being used in the case scenario in a manner that all the
contract that has taken place within the scenario has to seek under a
statutory law that is contract law.
Anton can make legal claim by filing case under the law.
CONCLUSION
From the above research it can be concluded that law is one of the most important part of
a society and is helpful in providing peace within a society. Further in this research a case
scenario has been given that is based on contract, consumer and common law has been explained
with specific feature in it. In the end ten sources has been explained that is relevant to the case
and also advice has been given to Anton.
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REFRENCES
Books and journals
Bertino, L., 2018. Breach of Contract: Automatic and Unilateral Price Reduction. European
Review of Contract Law. 14(1). pp.24-59.
Dwivedi, A. and McDonald, R., 2018. Building brand authenticity in fast-moving consumer
goods via consumer perceptions of brand marketing communications. European
Journal of Marketing.
Glotko, A.V and et. al., 2017. Prospects of production of ecologically clean agricultural products
in the transboundary territories of the great altai. Journal of Environmental
Management & Tourism. 8(7 (23)). pp.1361-1372.
Gong, Y et. al., 2020. Investigation into circular economy of plastics: The case of the UK fast
moving consumer goods industry. Journal of Cleaner Production. 244. p.118941.
Kariyawasam, K. and Wigley, S., 2017. Online shopping, misleading advertising and consumer
protection. Information & Communications Technology Law. 26(2). pp.73-89.
Miyazaki, S. and et. al., 2017. Five-year follow-up outcome after catheter ablation of persistent
atrial fibrillation using a sequential biatrial linear defragmentation approach: what does
atrial fibrillation termination during the procedure imply?. Heart Rhythm. 14(1). pp.34-
40.
Pillai, S. and Williams, G., 2017. Twenty-first century banishment: Citizenship stripping in
common law nations. International & Comparative Law Quarterly. 66(3). pp.521-555.
Rakoff, T.D., 2016. The Five Justices of Contract Law. Wis. L. Rev.. p.733.
Tai, X., Sun, H. and Guo, Q., 2017. Transaction efficiency analysis of blockchain applied to
energy Internet. Power System Technology. 41(10). pp.3400-3406.
Zottoli, T.M and et. al., 2019. State of the States: A survey of statutory law, regulations and court
rules pertaining to guilty pleas across the United States. Behavioral sciences & the
law. 37(4). pp.388-434.

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