logo

Australian Commercial law Assignment Sample

   

Added on  2021-06-15

9 Pages2408 Words33 Views
Australian Commercial law1Australian Commercial Law

Australian Commercial law2Introduction:Australian Consumer law (ACL) provides short but important introduction to the commercial law in Australia. Various consumer guarantees are provided by the Australian Consumer Law, and these guarantees are considered as the set of rules which are mainly implemented on goods and services purchased by customers in context of ACL. In other words, various situations are set out under these rules in which consumer has right to take remedy from the seller. These guarantees are automatically applied on the purchase and there is no need of any voluntary or extended warranty provided by a seller or manufacturer of goods and services (ACCC, n.d.). It must be noted that, all these rights are applied on the purchases made by the consumers through online mode also, which means in case consumer purchase the goods and services from the online business of Australia then all these consumer guarantees applied. This essay defines different areas of the ACL on the basis on case study. Structure of the paper is divided into four sections and each section address different concept of ACL. Lastly, brief conclusion is provided under which all the relevant provisions are summarized. Transactions under ACL:Section 3 of the competition and Consumer Act 2010- schedule 2 stated the meaning of consumer and as per this section an individual is purchasing specific goods as a consumer if the price paid or payable for the goods does not exceed $ 40000 or any other amount prescribed in context of this paragraph. This section further states that goods purchased by person must be of such nature as they purchased for personal, domestic or household use or consumption or the gods related to any vehicle purchased mainly for the purpose of using it in the transport of goods on public roads. All the rights stated under the ACL are applied on the consumer defined in this section. It must be noted that, if an individual purchased any product from online and such purchase fall under section 3 of the ACL then al the consumers rights stated under ACL are applied on online shopping also. In other words, if person purchased any goods from Australian online business then all the consumer rights applied on them. However, these rights are also applied if person buy products from an overseas online business.

Australian Commercial law3In the present case, Sangita purchased Diwali gifts for her family from the online store of Myers Stores. In this all the products purchased by Sangita fall under section 3 of the ACL because the entire product amounted less than $40000 and personal, domestic or household use or consumption of the products are possible. Therefore it can be said that, transactions between Sangita and Myers fall under the ACL and all the consumer guarantees are applied on these transactions. Implied Guarantees:As stated under the ACL, goods purchased from an Australian seller are covered by the consumer guarantee if such goods are new and second hand products, item for sale, goods purchased from an online store of Australian seller. Therefore, all the consumer implied warranties are applied on these transactions. Following implied warranties are applied on the products purchased by Sangita from the online store:Product- Sangita purchased rice cooker for her aunt for $59.95, but when the product was delivered her aunt found box of rice cooker but there was electric fry pan. Advice- in this section 56 of the ACL stated the guarantee related to the supply of goods in context of description. In case, goods are supplied to the person in lieu of trade or commerce then goods supplied to the consumer must be match with the description, and the supply does notoccur in context of sale by auction. This section provides the guarantee that the supplied goods must match with the description. In the present case, Sangita can rely on guarantee provided to consumers under Section 56 of the ACL because goods send by Myers does not match with the description stated by the seller. As goods delivered by the seller are wrong because seller sends electric fry man instead of rice cooker. Goods delivered does not match with the description given by sellers and description stated on the box. Therefore, Myers breaches section 54 of the ACL (Alderman, n.d.; ACL, n.d.).Product- Sangita purchased electric drill for her uncle for $ 69.95 and after using the drill for the first time her uncle found that drill was hot and would not work.

End of preview

Want to access all the pages? Upload your documents or become a member.

Related Documents
Business Law and Ethics: ACL and Consumer Guarantees
|12
|2670
|71

Australian Consumer Law: Case Study Analysis
|12
|2670
|467

Business Law and Ethics PDF
|10
|2607
|22

Does Sageeta with Myers fall within the Australian Consumer Law?
|10
|2398
|104

Introduction of Australian Consumer Law
|9
|2614
|180

Business Ethics and law Assignment PDF
|7
|2267
|151