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Solution Issues Against Enviro Pro Pty Ltd

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Added on  2020-04-01

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Also, as per section 85 of the Act the goods supplied are consumer goods provided the goods are mainly for dometic, household or for consumption purposes (Franzi, 1980) Now, whenever any seller is selling the goods to the buyer then there is an obligation upon him to comply with the provisions of Part 1, Division 2 of the 1958 Act. Sale by description – section 18 – there is a statutory condition on the seller that if the sale of goods is based on description then the goods must

Solution Issues Against Enviro Pro Pty Ltd

   Added on 2020-04-01

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1Cover PageName; Student ID;tutorial day & timeTutor’s nameWord count
Solution Issues Against Enviro Pro Pty Ltd_1
2ContentsSolution............................................................................................................................................3Issues............................................................................................................................................3Law...............................................................................................................................................3Application...................................................................................................................................5Conclusion...................................................................................................................................6Reference List..................................................................................................................................7
Solution Issues Against Enviro Pro Pty Ltd_2
3SolutionIssuesi.As per Sale of Good Act 1958 of Victoria), is there any chance of Charlie succeedingagainst Enviro Pro Pty Ltd?ii.As per Australian Consumer Law, is there any chance of Charlie succeeding againstClean Aqua Pty Ltd?LawIn order to attract the provisions of the 1958 Act, it is necessary that there must be some kind ofsale and purchase that has taken place amid the consumer or non-consumer and the vendor orsupplier. Further, the sale and purchase of the goods must have taken within the business course. But, the main question is who the consumer is and who is the seller as per the provisions of 1958Act. As per section 3, a buyer is the person who buys or agrees to buy the goods and seller is theperson who sells and agrees to sell the goods. As per section 7, the both the buyer and seller areconsidered to be cable to enter into contracts provided they are capable as per the law ofcontract, that is, the parties are major as per the law of the country and are mentally competent.Also, as per section 85 of the Act the goods supplied are consumer goods provided the goods aremainly for dometic, household or for consumption purposes (Franzi, 1980)Now, whenever any seller is selling the goods to the buyer then there is an obligation upon himto comply with the provisions of Part 1, Division 2 of the 1958 Act. There are few conditions andwarranties that are defined which are:i.Implied undertaking – section 17 – there is an implied undertaking the seller possesthe requisite title of the goods prior to its sale (Niblett v Confectioners'Material. ii.Sale by description – section 18 – there is a statutory condition on the seller that if thesale of goods is based on description then the goods must correspond with thedescription and is held in Frank v Grosvenor Motor Auctions Pty Ltd.iii.Quality to fitness – section 19 – Normally there is no implied condition or warrantyrelated to fitness. But, as per section 19 (1) of the Act, if the buyer has specified to theseller the specification prior the purchase of the goods then the goods so sold must
Solution Issues Against Enviro Pro Pty Ltd_3

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