Consumer Law and Australian Legislation

This assignment delves into various case studies illustrating the application of Australian Consumer Law. It covers scenarios like misleading advertising regarding bike prices, a shop assistant selling harmful chemicals to a customer, and the legality of 'No Refund' signs. The document also touches upon a real-life case involving price fixing by Visy and Amcor, highlighting the role of the ACCC in enforcing competition law.

CONSUMER AND
CONTRACT LAW

INTRODUCTION
Australian contract law deals with legal enforcement of promise which is made by one
person. when two or more parties form legal agreement called as contract. An agreement which
is enforceable by law is known as contract. Document framed by them and mentioned terms and
condition with mutual concept. As per the rule of law parties are bound to fulfil roles and duties
imposed on them (Ayres and Schwartz, 2014). Australian consumer law is the legal term which
is maintain rights of consumer and maintain their performance in effective manner. it consists
national unfair contract terms law include standard form consumer as well as small business
contracts. Intellectual property infringement is the breach of rights.
CHAPTER 1
QUESTION 7
In the present scenario, Gerard is the person who tried for stealing $ 50,000 from the
business account of employer. There are various rules and regulation imposed on him and
standard on him to proof his guilt (Bar-Gill, 2012).
QUESTION 10
Doctrine of precedent has been considered as fundamental constraint on judicial decision
making in country Australia. It is legal term which is used to take effective decision.
QUESTION 16
(A)
Intellectual property infringement has been considered as breach of rights. Violation of
rights can be done in terms of patent, copyright as well as trademark. Federal court has the
exclusive jurisdiction to resolve dispute of parties.
(B)
The Supreme Court is the highest court in Queensland which consists trial division as
well as the Court of Appeal (Friedman, 2011). This court hears all civil matters including
amounts of more than $750,000. A jury members of the Supreme court are used to decide these
types of disputes.
(C)
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Trial courts of limited jurisdictions are courts which hear divorce related cases and
responsible to provide best possible advice to parties.
(D)
Court of appeal hears the appeals from Supreme Court of Victoria. Parties are able to
lodge complaints related to civil and criminal cases.
QUESTION 20
Arbitration and mediation are both legal term and responsible to resolve matter of parties
who lodge them complains and seeks for best advice.
But in arbitration process mediator is known as arbitrator. He hears matter of parties and
take decision accordingly. On the other side, mediation is based on negotiation with the help of
mediator. He is responsible to help parties to reach settlement through communication, obtaining
information and so on (Bar-Gill and Ben-Shahar, 2013). In arbitration, arbitrator take decision
which is final for parties and they are binding to follow.
CHAPTER 2
QUESTION 2
Contract with partner- I was formed legal agreement with partner to share profit equally
whatever company earned from sale of products. At the time of enter into partnership.
Responsible to comply with terms and condition mentioned under partnership deed.
Contract with employees- Legal contract formed with employees at the time of their recruit
and I was responsible to provide salary and working environment as per the agreement.
Contract with seller- Entered into legal agreement with seller in order to purchase best
quality of raw material from them.
Contract with buyer- Formed contract with them for produce and sell best quality of goods
and services to them in order to attract and keep them for long time.
QUESTION 8
In the present scenario, Harry’s uncle is not correct in present case because as per legal
terms employees having right to receive amount which is fixed for their salary. But in case
company not able to earn enough profit then owner is responsible to are able to pay minimum
wages as per fixed by legal authorities which is around 2.4% to $672.70 a week.
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QUESTION 16
Invitation to treat is the legal which is covered under contract law. the person who formed
this is not able to bound another person for whom statement is framed to accept the same. But in
case another person accept such offer then legal agreement formed among them.
QUESTION 24
In the present case, Valentine is the person who went to stall and select product. Seller
present offer in front of her to sell stall for $1000. But she not able to decide instantly. Seller
promise her that offer is open for 4 hours only. she came back with seller within 3 and half hour
and found that person already sold the same to another form $1,500. In this case, conduct of
seller has not been considered as wrongful act. Because there is no legal or written agreement
framed amount them.
QUESTION 20
In present case, Bella and Jasper comes in legal contract with each other. Bella offer Jasper
to pay $25,000 in consideration if he found guilty who stole her valuable coins of $2 million.
They form oral legal agreement with each other which is enforceable by law. Jasper perform his
function but Bella refused to pay amount. In that case Jasper is able to take legal action against
her in order to receive compensation amount.
CHAPTER 3
QUESTION 2
In the present case Troy is the person who is responsible to bear outstanding sums. There
are various types of rules, regulation, policies and procedures are imposed on him which is needs
to be fulfil by them.
QUESTION 4
Bankruptcy is the legal status of person who is not able to pay debts to creditors. This
person is not able to come into legal agreement with another person. Bankrupt is the person who
is considered as incompetent to contract as per the rule of contract law (Serrat, 2011).
QUESTION 17
According to the contract act parties are responsible to form legal agreement in the
common language which is understandable for both of them. In case party not able to understand
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words of another party then they are not form legal agreement. In the present case, parents not
understand the English language which is used by their young couple. In such case, parents are
not able to understand but not bound to come into legal contract.
QUESTION 20
Restraint of trade has been considered as common law doctrine which is related to
enforceability of contractual restrictions on freedom of conduct business. It is needs to be
maintained among buyer as well as seller.
QUESTION 24
If two or more persons form legal contract with each other than subject matter needs to be
enforceable by law. In case subject matter is present to be illegal then contract shall be
considered as void-ab-initio. In present case, Kramer and George form illegal contract with each
other. So that, George is not able to file legal case against another person for receive amount of
compensation.
CHAPTER 4
QUESTION 3
Condition represent, requirement needs to be performed. It should have done before
completion of another action is called as condition. Result of breach condition is termination of
contract. Warranty is the assurance which is given by seller to buyer. Result of breach is that
person can claim for damages. Difference matter because client having different rights in these
terms.
QUESTION 4
Contractual term considered as provision which is forming part of contract. On the other
side, representation has been considered as statement of fact. But it is not amount to term related
to contract. It may create legal obligation on parties and they are responsible to perform the
same.
QUESTION 12
Commonwealth regulation has been controlled by Australian government in order to
maintain performance of entire country. There are various types of legal terms and conditions
mentioned under law related to electronic signature.
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QUESTION 23
Standard form of contract is the legal agreement among two parties. Also they are
responsible to follow rules, regulation and policies which are imposed on them. In case one party
not able to perform function then they can file case against guilty for the purpose of receive
amount of compensation.
CASE STUDY
QUESTION 1
The main problem with exemption clauses in insurance contract regarding rain damage is
that regulatory requirement is that related heavily with discloser. Depending o9n financial goods
and services.
QUESTION 2
Exemption clause has been considered as agreement in legal contract which defined that
party is excluded from liabilities which is imposed on him.
QUESTION 3
As per the Ombudsman services the prescribed contract stated as flood cover may be
deemed part of the policy. The insurance contract excludes flood damage which is mentioned in
terms of unambiguous terms. Insurance company needs to avoid such liability in order to manage
performance in effective manner.
QUESTION 4
The main problem is the there is no standard definition related with key terms of short
damage as well as flooding.
QUESTION 5
Policies are distinguishing among flooding, rain run-off, inland flooding and much more.
CHAPTER 5
QUESTION 4
Debt assignment is the process of transfer of debts as well as entire rights or obligation
associated with it, from the person creditor to third party. Debts needs to assign with the approval
of creditors in order to earn profit.
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QUESTION 7
Parties who comes under contractual relationship with each other are responsible to fulfil
rules, regulation and policies which are imposed on them. When parties are not able to perform
their function then another party can file case against them in order to receive amount of
compensation. Breach of contract is representing discharge of contract in which performance of
parties [play significant role (Kötz, 2017).
QUESTION 11
Variation has been required changes in contract. Parties who comes under legal agreement
with each other, singed document called as agreement deed. In which various terms and
condition mentioned. So that, they are changes them with mutual concept only. One party is able
to make changes with his own decision.
QUESTION 21
Parties who formed legal agreement with each are responsible to perform their functions
which are imposed on them. Due to breach of contract another party can take legal action against
person who not perform function in order to receive compensation amount equal to damages
caused to them. On which if court provide award related to this then they are bound to follow the
same.
QUESTION 22
Cameron and Makapacket accountants comes in legal contract with each other for three
years. But after 14 months Cameron receive best offer from Rival accountant and he
immediately resign from Makapacket. In that case, it is able to take legal action against Cameron
to recover amount which is decided by them.
CHAPTER 6
QUESTION 1
E-commerce is stands for Electronic commerce it has been considered as conducting of
transaction of buying and selling goods and services through online. Basically it is online
shopping centre. With the help of this concept companies are able to sells their product through
internet.
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QUESTION 10
Click wrap agreement are commonly found on internet which are majorly used in
connection with software licenses. It is the online transaction in which user agree with mentioned
terms and condition prior to using goods and services.
QUESTION 13
Electronic signatures are required as per the rule of Electronic Transaction Act. It is
required to identify signatory. Also it is helpful to show signatory’s approval. Needs to create
signature which is linked to a person.
QUESTION 16
Domain name is the website name of company which is considered as address where
internet users can access website. As per the rule of law registrant becomes the owner of domain
name.
CASE STUDY
QUESTION 1
In the present case, Kashahl Louise Thorp act as seller and purchase motor boat from Mr
Matheson and Mr Thomas Vinnicombe. After purchase she found that engine of boat is not
running well and due to this reason she can file case against seller in order to receive amount of
compensation.
QUESTION 2
Matheson refuses to refund money of the boat because as per the law buyer is responsible
to check goods and services before purchase. After this no seller is responsible for the same.
QUESTION 3
Section 182 of Australian Consumer Law and Fair Trading Act 2012, consist various
rules, regulation and policies which are imposed on them as per the legal procedure. As per this
rule buyer is able to file case against seller in order to receive amount of compensation.
QUESTION 4
Section 18 of ACL consists concept of misleading as well as deceptive conduct.
According to this, Thorp act as buyer and able to file case against seller in order to receive
amount of compensation.
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QUESTION 5
In the case scenario, buyer and sellers are coming in contractual relationship with each
other. As they are responsible to fulfil rules and regulation which are imposed on them. As per
the rule sellers are responsible to provide best quality of goods and services to buyers. But in this
case seller failed to do so and did not disclose actual condition of engine.
QUESTION 6
Senior members I. Proctor analyse final findings that buyers are responsible to inspect
goods before purchase.
QUESTION 7
As per my opinion, seller is responsible to provide best quality of product to buyer. in case
failed to do so then liable to pay amount of compensation. In this case, Matheson deliver bad
quality of goods.
QUESTION 8
The present case delivers one message to consumer who purchase through e-bay that buyers
needs to check quality of product before purchase.
CHAPTER 7
QUESTION 4
Vicarious liability is mentioned under tort law in which principal is held liable for act of
agent. In present scenario, Parker act as agent of Junrui and sells harvester to Declan without
disclose this information. After this buyer realise that product is not working well and he is able
to file case against Junrui in order to receive amount of compensation equal to damages caused
to him.
QUESTION 7
In the present report, legal contract is enforceable by law because at the time of framing of
contract Ginny and another signed legal document whether Ginny is an agent of Poptop or not.
QUESTION 22
In the present case Josh is the owner of milk bar and responsible to pay amount of milk as
well as refrigerator. Because all the transaction done with the name of him and he is responsible
to pay amount.
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CHAPTER 8
QUESTION 4
As a legal advisor I would be recommend business structure as company. Because in
company law members are responsible to invest amount for receive interest or profit but they are
not personally liable for any liability.
QUESTION 7
Unit and discretionary trust are different from each other. In unit trust beneficiaries receive
fixed amount and in discretionary trust members are not able to receive fixed interest.
QUESTION 12
Primmer’s Pies is the word which represent public interest entity. As per the rule of law the
registration of such entity is compulsory. R. Primmer & Sons and T. Pritchard & M. Good, are
not required registration because these are partnership firms which not required registration.
CHAPTER 9
QUESTION 2
Both duty of care and standard of care are legal term which consists tort law. Duty of care
is legal obligation which is imposed o person to take care of another. On the other side, standard
of care has been considered as degree of prudence as well as caution required of an individual
who is comes under duty of care.
QUESTION 13
Negligence is the legal term in one person is held liable for take care of another person.
this rule has been mentioned under tort. In which guilty person is responsible pay compensation
amount to another party.
QUESTION 19
Contributory negligence is the legal term which is presented as right of defendant. It can
protect rights of defendant and eliminate his responsibility to pay damages to injured plaintiff.
Furthermore, person can use the same right to other protect rights and interest.
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CHAPTER 10
QUESTION 5
According to the Australian Consumer Law, consumer having right to file complaints. In
the present case, client having with advertise of bike prices. Because the actual price of bike is
$330 including GST amount and $300 shown in advertisement. So that, it creates confusion in
mind of consumer. As a legal advisor, I would like to suggest client that his issue is justified and
he can able to file case in Australian Consumer Law.
QUESTION 19
In the present case scenario, Rachel is the person who is able to take legal action against
shop assistants because she explained her name that she purchases paint for five years old child.
But shop assistant gave chemical products to her and due to this child got sever damage. On the
basis of this Rachel can file legal action against him in order to receive amount of compensation.
QUESTION 16
As per the legal rules and regulation of Australian Consumer Law, No Refund sign is
unlawful. It is clearly contravening the basic policies of law. sellers are not able to mention No
refund on sale items.
CHAPTER 11
QUESTION 18
The ACCC alleged Visy engaged in price fixing as well as market sharing under market
for the purpose supply of corrugated fibreboard packaging (CFP) with Amcor. It was done
among January 2000 and October 2004. In this case Visy has been admitted liability. Amcor was
not pursued by the ACCC for the reason they filed for leniency in the ACCC's existing Leniency
Policy for purpose of Cartel Conduct.
CHAPTER 12
QUESTION 2
Corporation Act 2001 defines Australian Financial Services Licence which is required to
obtain by accountant at the time of giving advice to another person. This is compulsory for them
to comply with this rule.
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REFERENCES
Books and Journals
Ayres, I. and Schwartz, A., 2014. The no-reading problem in consumer contract law. Stan. L.
Rev.. 66. p.545.
Bar-Gill, O., 2012. Seduction by contract: Law, economics, and psychology in consumer
markets. Oxford University Press.
Friedman, L.M., 2011. Contract law in America: a social and economic case study. Quid Pro
Books.
Bar-Gill, O. and Ben-Shahar, B., 2013. Regulatory techniques in consumer protection: A critique
of European consumer contract law. Common Market L. Rev.. 50. p.109.
Serrat, J.M.B., 2011. Quality of hotel service and consumer protection: A European contract law
approach. Tourism Management. 32(2). pp.277-287.
Kötz, H., 2017. European contract law. Oxford University Press.
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